New York Divorce Lawyer Blog
In New York divorce litigation, the threshold question of whether a valid marriage exists can be outcome-determinative. When parties participate in a religious ceremony without obtaining a marriage license, courts must carefully assess whether the ceremony satisfies statutory requirements for a legally recognized marriage. A recent decision highlights the limits of New York law in recognizing religious ceremonies as civil marriages and the importance of understanding how religious practices intersect with secular legal standards. If you are facing a divorce or annulment dispute involving questions about the validity of a marriage, it is smart to consult an experienced New York family law attorney.
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. Continue reading