Love and Marriage in New York

In my Bar Exam studies, I have reached New York family law, which is a subject in which I have absolutely no previous knowledge. In my studies, I found a few discoveries surprising about New York law. I'm wading through new territory for me, so I'm finding these laws quite humorous:

* The law in NY actually provides that an engagement ring be given back to the gift-giver if the wedding is called off.

* Under old law (no longer good law), if an engagement is called off, a spurned person could sue her former fiance for "breach of promise to marry."

* Under old New York law, a father of a single woman could sue a man who has sex with his daughter for "seduction of an unmarried female."

* Under old law, a spouse could sue both his spouse and a new lover for adultery, alienation of affection, and criminal conversion (i.e., theft). Under current law, it is a felony to file such a suit.

* While a lawyer can generally take property as his fee, the lawyer cannot take a mortgage on a house.

* First cousins and step-siblings CAN legally marry.

* 18 year olds have the legal capacity to marry. 16 year olds can marry with the consent of both parents. 14 year olds can marry with consent of both parents and a judge (but a judge will generally only consent if there is a pregnancy). I found it surprising that a 14 year old could ever get married.

* A "shot-gun wedding" is voidable at the pressured party's option if a court finds that duress nullified consent. The ability to annul the wedding is waived if the parties freely cohabitate after te wedding.

* Misrepresentation/concealment of a person's religion, religious devotion, intention to convert, or intention to raise children in faith is grounds for annulment of marriage.

* Misrepresentation/concealment of a person's sexual history is grounds for annulment of marriage.

* Misrepresentation about money, salary, employment, job title is not fraud for an annulment. So, I could have told Fiance I was the chief of surgery making $1,000,000 a year with a trust fund worth $50,000,000 when I am really a janitor that barely scrapes buy - this is not actionable fraud. Why? Because the state takes the position that people do not marry for economic or social class motivations.

* New York is the only state that does not have "no fault divorce." Because of that it is theoretically possible for one spouse to desperately want a divorce, but for the partner to refuse to grant it forever (but there is a solution for that: move out of New York, wait long enough for the new state to get jurisdiction, then get a no fault divorce).

* Adultery is grounds for divorce. However, a "defense" for adultery is that your spouse committed adultery first. Another defense is also that your spouse arranged the affair (i.e., your spouse tried to entrap you - and it worked; any testimony of prostitutes or private detectives must be corroborated). So, imagine this: Wife sues for divorce claiming the grounds of adultery. Husband argues, "Well, you cheated on me too." The judge says, "Valid defense. You two deserve each other. No divorce."

* There is case law suggesting that moving from a shared bedroom to a guestroom is legal abandonment of one's spouse.

* In New York, academic degrees and professional licenses are marital property if they were awarded during the marriage. So, I guess if Wife and I got divorced, I she would get the J and I would keep the D? No, actually, the court will determine how the degree or license enhances lifetime earnings and then add that number to the marital property to be divided.

LEGAL DISCLAIMER: THIS IS NOT LEGAL ADVICE; YOU ARE NOT A CLIENT; I AM NOT YOUR LAWYER. THIS IS MERELY RAMBLING ON A BLOG. IF YOU WANT LEGAL ADVICE, GO TALK TO AN ATTORNEY.