What's happening
This bill requires both parties in annulment or divorce cases to remove religious barriers to remarriage within 90 days or face fines.
Why it matters
Addresses religious barriers that can prevent individuals from remarrying after a civil divorce or annulment, such as religious divorces or permissions required by certain faiths (e.g., a "get" in Jewish law). This seeks to ensure individuals are not trapped in a marriage due to the other party withholding consent for religious reasons.
Imposes a significant financial penalty ($2,500 per week) for non-compliance, creating a strong incentive for both parties to act promptly. This means the law has real teeth and could substantially impact anyone refusing to cooperate.
Applies equally to both spouses, regardless of gender, addressing a longstanding issue where one party (often women in some religious traditions) can be left unable to remarry within their faith due to the other party’s refusal. This levels the playing field and aims for greater fairness in divorce proceedings.
Allows for a written waiver if one party does not wish to require removal of religious barriers, preserving individual autonomy in cases where the requirement is not desired. This adds flexibility and respects the personal wishes of those involved.
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Who cares
Headline styles
Require Religious Divorce Freedom
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
392
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to requiring all parties to an annulment or divorce to remove religious barriers to remarriage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 253 of the domestic relations law is renumbered subdivision 10 and a new subdivision 9 is added to read as follows:
9. Notwithstanding the provisions of subdivisions two, three, four and five of this section, in any action or proceeding to annul a marriage or to file for a divorce, both parties shall remove any religious or conscientious barrier to remarriage as described in subdivision six of this section within ninety days of filing for such annulment or divorce. A person who fails to comply with the requirements of this subdivision shall be subject to a fine of twenty-five hundred dollars per week until such barriers to remarriage are removed, unless the other party has waived in writing the requirements of this subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to actions and proceedings commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02154-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.