If my boyfriend and I are residents of one state but are getting married in another, how do we file notice of our marriage in our home state?

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If my boyfriend and I are residents of one state but are getting married in another, how do we file notice of our marriage in our home state?

My boyfriend and I are planning to get married. We are residents of NY but he is in the military so we would be getting married in VA. We know that we need a marriage license from VA, but how do we file our marriage with NY?

Asked on January 30, 2011 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm not certain just what notice you are referring to.  If you mean the filing of your marriage license, yes it must be filed in order for your marriage to be legally recognized.  However it need only be filed in the state in which the ceremony was performed; not in the state of the couple's residence.  The reason is that a valid marriage is recognized by all states no matter where it was actually performed. 

Note:  This is why (and hopefully you will never be in this situation) if you ever file for a divorce it is filed in your state of residence; not in the state where the marriage itself occurred.


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