History of the Case
It is reported that the wife commenced a divorce action, asserting that the parties were married during a religious ceremony that took place in 2017. Allegedly, the parties did not obtain a marriage license prior to the ceremony, which occurred at a Coptic Orthodox church following the baptism of their child and the wife’s baptism into the church. The wife alleged that, after the baptisms, a bishop conducted an impromptu wedding ceremony that created a valid marriage under New York law.
Allegedly, the husband disputed that any marriage took place, maintaining that the ceremony was merely a family blessing and not a wedding. The husband moved to dismiss the divorce complaint for failure to state a claim, submitting sworn statements from the officiating bishop asserting that no marriage had been performed. The wife cross-moved for a declaration that the parties were legally married. After a hearing with testimony from clergy, experts, and witnesses, the trial court denied the husband’s motion and declared the marriage valid, relying in part on the parties’ conduct after the ceremony. The husband appealed.
Validity of Marriages Under New York Law
On appeal, the court reversed, holding that the parties were not validly married under New York law. The court explained that while a marriage license is generally required, a marriage may still be valid without one if it is properly solemnized. Under the Domestic Relations Law, solemnization requires either a clear declaration by the parties that they take each other as spouses in the presence of an authorized officiant or compliance with the established marriage practices of a recognized religious denomination.
The court found neither requirement satisfied. The parties did not declare that they took each other as spouses, nor did they exchange vows or rings. More importantly, there was undisputed evidence from the officiating bishop establishing the specific requirements for a valid marriage in the Coptic Orthodox Church, including engagement periods, premarital preparation, documentation, ceremonial rites, and registration. The record showed that none of these requirements were met. Because those requirements were not disputed, the court could apply neutral legal principles without impermissibly engaging in religious interpretation.
The court rejected the trial court’s reliance on post-ceremony conduct, such as property transfers, statements in court filings, or celebratory remarks by guests, emphasizing that subjective beliefs and later actions cannot substitute for statutory solemnization requirements. As such, the court concluded that the ceremony did not constitute a valid marriage under the Domestic Relations Law and that the divorce action should have been dismissed.
Talk to a Skilled New York Divorce Attorney
Disputes over the validity of a marriage can have sweeping consequences for property rights, support obligations, and parental claims. If you are involved in a dispute over whether a marriage is legally recognized in New York, you should talk to an attorney as soon as possible. Attorney Ksenia Rudyuk of Rudyuk Law Firm is adept at handling challenging divorce and family law disputes, and if you hire her, she will tirelessly pursue your desired outcome. To schedule a consultation, contact Rudyuk Law Firm at (212) 706-2001 or complete our online form.