Legal Opinion

Berenson v. Berenson

New York Family Court

Decided June 14, 1950PublishedCited by 1 opinion

1Opinion of the CourtI. Montefiore Levy, J.

Petitioner and respondent were married in New York City on February 21, 1948.

No marriage license had been obtained by the couple nor had the physical examination, required by section 13-a of the Domestic Relations Law for the serological test for the discovery of syphilis, been complied with.

Respondent questions the validity of the marriage and refuses to support petitioner on this basis.

The absence of a marriage license does not make the marriage void.

Section 25 of the Domestic Relations Law makes this marriage vahd. It provides: “Nothing * * * contained shall be construed to render void by…

2Cases cited3 opinions

  1. Davidson v. ReamNew York Supreme Court · 1916
  2. In re the Estate of LevyNew York Surrogate's Court · 1938
  3. Heller v. HellerNew York Supreme Court · 1947

3Cited by1 opinion

  1. In re the Estate of LibermanNew York Surrogate's Court · 1957

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