For many couples, marriage is both a legal and religious commitment. New York’s Domestic Relations Law permits marriages to be solemnized by a member of the clergy when both parties declare that they take each other as spouses. These unions can be recognized under state law even if the couple never obtains a civil marriage license.
In a recent Brooklyn divorce, a husband tried to annul his marriage based on the fact that he and his wife never got a civil license when they were wed in a Jewish religious ceremony. His argument claimed that without the license, the religious annulment he received years later was sufficient to establish that no marriage ever existed under New York law. Kings County Justice Jeffrey Sunshine rejected this premise, stating that the marriage was valid and that a divorce would have to be granted in order to break the legal bond between the parties.
The husband claimed that his wife concealed her mental illness from him before they were wed in the Jewish ceremony. Furthermore, the husband said that years later information came out that the man who conducted the ceremony might not have had the proper authorization to do so. While these claims were sufficient to secure the religious annulment, it did not convince Justice Sunshine to follow suit.
Religious annulments can be crucial for adherents who wish to remarry within their faith, as many faiths require a formal annulment before permitting a new marriage. However, it is essential to understand that religious annulments do not have legal standing in the eyes of state law. Individuals seeking to end their marriage must ensure they also complete the legal process to avoid potential issues related to property division, child custody and the ability to remarry.
For those involved in similar situations, consulting with an experienced family law attorney is advisable to make sure that your legal affairs are in order along with any religious considerations. If you have come to the conclusion that your marital relationship is irretrievably broken, don’t hesitate to take legal action because you are worried about the potential time and cost associated with litigation.
At Bryan L. Salamone & Associates, P.C., we offer a simple divorce solution to clients throughout Nassau and Suffolk counties who are looking to start the next phase of their lives. To speak with a knowledgeable New York attorney regarding the legal marriage dissolution process, please call 631-388-6009 or contact us online.