N.Y. Domestic Relations Law § 253

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 253 — Removal of barriers to remarriage. 1 DRL § 253 Removal of barriers to remarriage. 1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 253. Removal of barriers to remarriage. 1. This section applies onlyto a marriage solemnized in this state or in any other jurisdiction by aperson specified in subdivision one of section eleven of this chapter.2. Any party to a marriage defined in subdivision one of this sectionwho commences a proceeding to annul the marriage or for a divorce mustallege, in his or her verified complaint: (i) that, to the best of hisor her knowledge, that he or she has taken or that he or she will take,prior to the entry of final judgment, all steps solely within his or herpower to remove any barrier to the defendant's remarriage following theannulment or divorce; or (ii) that the defendant has waived in writingthe requirements of this subdivision.3. No final judgment of annulment or divorce shall thereafter beentered unless the plaintiff shall have filed and served a swornstatement: (i) that, to the best of his or her knowledge, he or she has,prior to the entry of such final judgment, taken all steps solely withinhis or her power to remove all barriers to the defendant's remarriagefollowing the annulment or divorce; or (ii) that the defendant haswaived in writing the requirements of this subdivision.4. In any action for divorce based on subdivisions five and six ofsection one hundred seventy of this chapter in which the defendantenters a general appearance and does not contest the requested relief,no final judgment of annulment or divorce shall be entered unless bothparties shall have filed and served sworn statements: (i) that he or shehas, to the best of his or her knowledge, taken all steps solely withinhis or her power to remove all barriers to the other party's remarriagefollowing the annulment or divorce; or (ii) that the other s, to the best of his or her knowledge, taken all steps solely withinhis or her power to remove all barriers to the other party's remarriagefollowing the annulment or divorce; or (ii) that the other party haswaived in writing the requirements of this subdivision.5. The writing attesting to any waiver of the requirements ofsubdivision two, three or four of this section shall be filed with thecourt prior to the entry of a final judgment of annulment or divorce.6. As used in the sworn statements prescribed by this section "barrierto remarriage" includes, without limitation, any religious orconscientious restraint or inhibition, of which the party required tomake the verified statement is aware, that is imposed on a party to amarriage, under the principles held by the clergyman or minister who hassolemnized the marriage, by reason of the other party's commission orwithholding of any voluntary act. Nothing in this section shall beconstrued to require any party to consult with any clergyman or ministerto determine whether there exists any such religious or conscientiousrestraint or inhibition. It shall not be deemed a "barrier toremarriage" within the meaning of this section if the restraint orinhibition cannot be removed by the party's voluntary act. Nor shall itbe deemed a "barrier to remarriage" if the party must incur expenses inconnection with removal of the restraint or inhibition and the otherparty refuses to provide reasonable reimbursement for such expenses."All steps solely within his or her power" shall not be construed toinclude application to a marriage tribunal or other similar organizationor agency of a religious denomination which has authority to annul ordissolve a marriage under the rules of such denomination.7. No final judgment of annulment or divorce shall be entered,notwithstanding the filing of the plaintiff's sworn statement prescribedby this section, if the clergyman or minister who has solemnized themarriage certifies, in nnulment or divorce shall be entered,notwithstanding the filing of the plaintiff's sworn statement prescribedby this section, if the clergyman or minister who has solemnized themarriage certifies, in a sworn statement, that he or she has solemnizedthe marriage and that, to his or her knowledge, the plaintiff has failedto take all steps solely within his or her power to remove all barriersto the defendant's remarriage following the annulment or divorce,provided that the said clergyman or minister is alive and available andcompetent to testify at the time when final judgment would be entered.8. Any person who knowingly submits a false sworn statement under thissection shall be guilty of making an apparently sworn false statement inthe first degree and shall be punished in accordance with section 210.40of the penal law.9. Nothing in this section shall be Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 253 — Removal of barriers to remarriage. 1 construed to authorize any courtto inquire into or determine any ecclesiastical or religious issue. Thetruth of any statement submitted pursuant to this section shall not bethe subject of any judicial inquiry, except as provided in subdivisioneight of this section. Source: NYSenate.gov Open Legislation | Laws of New York Page 2