New York recognizes common-law marriage how, under the doctrine of comity?

• A. It recognizes all common-law marriages.
• B. It does not recognize common-law marriages at all.
• C. It recognizes common-law marriages by comity when valid where contracted and not offensive to public policy.
• D. It requires a formal license for recognition.

Answer: (C)

New York treats common-law marriages through comity, meaning it will recognize a union as a marriage if it was valid where it was contracted and it isn’t contrary to New York public policy. The key is that recognition hinges on the jurisdiction that formed the marriage: if that state would have validly formed and recognized a common-law marriage under its own law, New York will give that marriage full effect for purposes like property rights and spousal status, provided it isn’t offensive to policy here. In practical terms, New York does not create common-law marriages within the state, but it will acknowledge those formed in other states that permit and validly recognize them, as long as the relationship wouldn’t violate public policy (for example, issues like legality of the union and absence of disqualifying factors). This is why the best answer says recognition by comity occurs when the marriage is valid where contracted and not against public policy. The other options misstate New York’s approach: New York does not recognize all such marriages automatically, it does recognize some from other states, and there is no requirement of a formal license for recognition of a pre-existing valid common-law marriage.