§ 253 — Removal of barriers to remarriage

§ 253. Removal of barriers to remarriage. 1. This section applies only\nto a marriage solemnized in this state or in any other jurisdiction by a\nperson specified in subdivision one of section eleven of this chapter.\n 2. Any party to a marriage defined in subdivision one of this section\nwho commences a proceeding to annul the marriage or for a divorce must\nallege, in his or her verified complaint: (i) that, to the best of his\nor her knowledge, that he or she has taken or that he or she will take,\nprior to the entry of final judgment, all steps solely within his or her\npower to remove any barrier to the defendant's remarriage following the\nannulment or divorce; or (ii) that the defendant has waived in writing\nthe requirements of this subdivision.\n 3. No final judgment of annulment or divorce shall thereafter be\nentered unless the plaintiff shall have filed and served a sworn\nstatement: (i) that, to the best of his or her knowledge, he or she has,\nprior to the entry of such final judgment, taken all steps solely within\nhis or her power to remove all barriers to the defendant's remarriage\nfollowing the annulment or divorce; or (ii) that the defendant has\nwaived in writing the requirements of this subdivision.\n 4. In any action for divorce based on subdivisions five and six of\nsection one hundred seventy of this chapter in which the defendant\nenters a general appearance and does not contest the requested relief,\nno final judgment of annulment or divorce shall be entered unless both\nparties shall have filed and served sworn statements: (i) that he or she\nhas, to the best of his or her knowledge, taken all steps solely within\nhis or her power to remove all barriers to the other party's remarriage\nfollowing the annulment or divorce; or (ii) that the other party has\nwaived in writing the requirements of this subdivision.\n 5. The writing attesting to any waiver of the requirements of\nsubdivision two, three or four of this section shall be filed with the\ncourt prior to the entry of a final judgment of annulment or divorce.\n 6. As used in the sworn statements prescribed by this section "barrier\nto remarriage" includes, without limitation, any religious or\nconscientious restraint or inhibition, of which the party required to\nmake the verified statement is aware, that is imposed on a party to a\nmarriage, under the principles held by the clergyman or minister who has\nsolemnized the marriage, by reason of the other party's commission or\nwithholding of any voluntary act. Nothing in this section shall be\nconstrued to require any party to consult with any clergyman or minister\nto determine whether there exists any such religious or conscientious\nrestraint or inhibition. It shall not be deemed a "barrier to\nremarriage" within the meaning of this section if the restraint or\ninhibition cannot be removed by the party's voluntary act. Nor shall it\nbe deemed a "barrier to remarriage" if the party must incur expenses in\nconnection with removal of the restraint or inhibition and the other\nparty refuses to provide reasonable reimbursement for such expenses.\n"All steps solely within his or her power" shall not be construed to\ninclude application to a marriage tribunal or other similar organization\nor agency of a religious denomination which has authority to annul or\ndissolve a marriage under the rules of such denomination.\n 7. No final judgment of annulment or divorce shall be entered,\nnotwithstanding the filing of the plaintiff's sworn statement prescribed\nby this section, if the clergyman or minister who has solemnized the\nmarriage certifies, in a sworn statement, that he or she has solemnized\nthe marriage and that, to his or her knowledge, the plaintiff has failed\nto take all steps solely within his or her power to remove all barriers\nto the defendant's remarriage following the annulment or divorce,\nprovided that the said clergyman or minister is alive and available and\ncompetent to testify at the time when final judgment would be entered.\n 8. Any person who knowingly submits a false sworn statement under this\nsection shall be guilty of making an apparently sworn false statement in\nthe first degree and shall be punished in accordance with section 210.40\nof the penal law.\n 9. Nothing in this section shall be construed to authorize any court\nto inquire into or determine any ecclesiastical or religious issue. The\ntruth of any statement submitted pursuant to this section shall not be\nthe subject of any judicial inquiry, except as provided in subdivision\neight of this section.\n