A Common Law marriage is created despite no marriage ceremony being performed and no marriage license being issued. New York State does not allow the creation of a marriage by common law within its borders. Common law marriage was abolished in New York State in 1933.
New York State does, however, recognize common law marriages created in another state, if the legal requirements of that other state have been met. Accordingly, legal action is needed to dissolve such a legal, common law marriage created in a state where creation of such marriages is permitted.