Is Religious divorce a sufficient proof for civil procedure?

[senderm]

What is the name of your state?New York
We were civilly married in Russia in 1992 and religiously in New Jersey in 1993.

We performed a Jewish Religious divorce in New Jersey few years ago. We lived at separate residences since then.

We were Russian citizens at that point, but resided in New York since 1992.

Now one of us is US Citizen and another is permanent resident.

The US resident wants to get married to a another person in New York. Do we need a civil divorce?

If we do, is religious divorce a sufficient ground for a civil divorce (conversion type?), or do we need to sign a separate Agreement of Separation?

Thanks!!

 

[LdiJ]

What is the name of your state?New York
We were civilly married in Russia in 1992 and religiously in New Jersey in 1993.

We performed a Jewish Religious divorce in New Jersey few years ago. We lived at separate residences since then.

We were Russian citizens at that point, but resided in New York since 1992.

Now one of us is US Citizen and another is permanent resident.

The US resident wants to get married to a another person in New York. Do we need a civil divorce?

If we do, is religious divorce a sufficient ground for a civil divorce (conversion type?), or do we need to sign a separate Agreement of Separation?

Thanks!!

I have never heard of a Jewish religious divorce so I am completely at a loss as to whether or not that might have also resulted in a civil divorce. You should probably consult an attorney. If it did not also result in a civil divorce, then yes you would need one, and yes a divorce agreement would need to be signed.

 

[nextwife]

A Ghet is NOT a civil divorce. You need to ALSO have a civil divorce in order for the marriage to be dissolved LEGALLY..

 

[senderm]

thanks, NextWife. you have answered to an important part of my question.

Now, does Get substitute for civil Marital Settlement Agreement, or it is comepletely irrelevant for civil divorce?

Is Marital Settlement Agreement necessary to get a consentual divorce in this circumstances?

 

[nextwife]

While a request that the other party cooperate in obtaining a Get is often incorporated in a civil divorce decree for a Jewish couple, the Get itself is not a SUBSITITUTE for a civil divorce decree. Under civil law, the marriage still exists until a divorce decree is entered into the court records.

IS there any marital property/debt?

 

[senderm]

Thanks again, nextWife

No, there's none.

Get was completed years ago. We moved separate ways and just never took care of the the civil divourse (civil marriage, btw, was done in 1992 in Russia and never formalized in the States. There was a religious marriage in NJ)

So, can we use GET (with some additional affidevit perhaps stating that we live separately for the last few years since the GET) instead of Marital separation Agreement to file for Conversion Divorce?

 

[nextwife]

I am not certain specifically what NY law requires, but, as you already have seperate lives and assets, and this is consentual, I would presume the paperwork can be handled pretty simply. NY State is not interested in the religious divorce per se, what is important is that you are both in agreement, which will make finalizing the civil divorce simpler.

 

[senderm]

Thanks!

I guess this issue is still unresolved and I would need an advice from someone more familiar with NY law...Shall i post a separate thread?

 

[LdiJ]

Thanks!

I guess this issue is still unresolved and I would need an advice from someone more familiar with NY law...Shall i post a separate thread?

Posting a separate thread probably isn't going to get you any more specific answers. Your next step is probably to consult with an attorney in your area.

 

[nextwife]

Bottom line is: You need to start to process rolling and file for divorce. And doing it correctly means you likely should do as LdiJ stated, consult an attorney.

 

[rmet4nzkx]

BY startng another thread you still don't change the basic advice, however here are the requirements for civil divorce in NY, I have not included anything re property settlements since you say there are none. From what you have stated, you should be able to satisfy the requirement for a simplified or Summary divorce with the existance of the Get and the memo that you have lived apart the required amount of time. There is a reference of where to get the forms.

State Divorce Laws: New York

RESIDENCY REQUIREMENTS AND WHERE TO FILE: If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized [proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county] or (2) living separate and apart for 1 year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].

General: (1) Adultery; (2) abandonment for 1 year; (3) imprisonment for 3 or more consecutive years; and (4) cruel and inhuman treatment. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

NAME OF COURT IN WHICH TO FILE FOR DIVORCE: Supreme Court. "Supreme Court of the State of New York, __________ County."

TITLE OF DIVORCE ACTION: Complaint for Divorce.

NAME USED TO DESCRIBE SPOUSE FILING FOR DIVORCE: Plaintiff.

NAME USED TO DESCRIBE OTHER SPOUSE IN DIVORCE: Defendant.

TITLE OF FINAL DIVORCE PAPERS: Judgment of Divorce.

LEGAL SEPARATION: The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment. If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: A summary divorce may be granted in New York if: (1) the spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement and (2) satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement. There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].