Legal Quiz – Akabas & Sproule

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THE INFORMATION PRESENTED IS NOT LEGAL ADVICE, IS NOT TO BE ACTED ON AS SUCH, MAY NOT BE CURRENT AND IS SUBJECT TO CHANGE WITHOUT NOTICE. If YOU HAVE A LEGAL NEED IN ANY OF THESE AREAS, YOU SHOULD CONSULT WITH AN ATTORNEY AT AKABAS & SPROULE, OR ANOTHER QUALIFIED COUNSEL.

Family Law

John and Jane have been cohabitating as a couple for 10 years and have two children. What is their status in New York State?

a) They have a common law marriage and each has the rights of a married spouse against the other.

b) They have a common law marriage if they have a signed document agreeing to be treated as spouses.

c) They do not have a common law marriage because their children have not agreed to the marriage of their parents.

d) They do not have a common law marriage because NYS recognizes common law marriage only between same-sex couples.

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