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If a gay couple were married in NY by a preacher prior to legal gay marriage is that marriage now recognized?

Q: My spouse was married in a same sex ceremony in the late 1990s by a preacher in New York City. I found this out in May. We are now separating and I want to know if gay marriages prior to legalization are retroactively recognized.

A: David's Answer: You would've needed to apply for & have received a marriage license for the marriage to be considered a "legal marriage." If no license was issued, then one cannot be retroactively issued. Call a White Plains Prenuptials attorney for more info.- David Bliven, Westchester Prenuptial Attorney

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