Removal of Barriers to remarriage

[Prahsper]

What is the name of your state (only U.S. law)? NYC

Hello,
I would like to know exactly what "Removal of Barriers to remarriage" means. I am the (male) defendant and my spouse wants to go with this for some reason and I just want to make sure I understand it correctly. Thank you.

 

[Silverplum]

What is the name of your state (only U.S. law)? NYC

Hello,
I would like to know exactly what "Removal of Barriers to remarriage" means. I am the (male) defendant and my spouse wants to go with this for some reason and I just want to make sure I understand it correctly. Thank you.

http://codes.lp.findlaw.com/nycode/DOM/13/253

Usually it's a religious thing: is she Jewish?

 

[Zigner]

http://codes.lp.findlaw.com/nycode/DOM/13/253

Usually it's a religious thing: is she Jewish?

From a legal perspective, it seems to me that a "barrier to remarriage" includes one still being married. Since the OP refers to his spouse wanting to pursue the removal of a barrier to remarriage, I suspect that the spouse wants a divorce.

 

[Silverplum]

From a legal perspective, it seems to me that a "barrier to remarriage" includes one still being married. Since the OP refers to his spouse wanting to pursue the removal of a barrier to remarriage, I suspect that the spouse wants a divorce.

Definitely!

More reading has told me that this phrase is a requirement in NY divorces. From this attorney's page: "I am an attorney in NY and the requirement to remove barriers to remarry is a requirement under the law. If a divorce is granted you have no choice but to comply with court order. The court will not scrutinize any religious requirement necessary to remove the barriers and presume that the barriers are being removed if there are any religious barriers. However, if you fail to comply you could face charges of a false sworn statement under this section and be guilty of making an apparently sworn false statement in the first degree and shall be punished in accordance with section 210.40 of the penal law. Making an apparently sworn false statement in the first degree is a class E felony." http://www.justanswer.com/family-law/6xysp-ny-only-happens-don-t-want-remove-barriers.html

Sometimes, a fish is just a fish.

 

[Prahsper]

No, neither one of us are Jewish. She is Christian. I also read through the link you provided and I just don't get what it implies. Does this mean I can't get married again? Am I signing away more rights than I am not aware of?

And Yes it is correct. She is filing for divorce. I agree with her and I am not going to fight it. I want the divorce as well. She decided to choose "removal of barriers to remarriage". I just want to make sure I understand what I am signing away here.

 

[Zigner]

No, neither one of us are Jewish. She is Christian. I also read through the link you provided and I just don't get what it implies. Does this mean I can't get married again? Am I signing away more rights than I am not aware of?

And Yes it is correct. She is filing for divorce. I agree with her and I am not going to fight it. I want the divorce as well. She decided to choose "removal of barriers to remarriage". I just want to make sure I understand what I am signing away here.

Being married is a barrier to remarriage. One must get a divorce(*) in order to remove that barrier to remarriage. It's just a legal wording matter - the state requires it.



*There are other ways to remove barriers to remarriage (ie: annulment) but they don't seem to apply to this situation.

 

[Prahsper]

OK...thank you both for your help. Just wanted to make sure I understood it correctly and wasn't signing away rights I would end up regretting.

 

[stealth2]

Some religious affiliations do not recognize a civil divorce when it comes to remarriage *under the auspices of the Faith*. Hence an anullment in the Catholic Church, an ecclesiatical divorce in the Orthodox Church, a get in Judaism. Those can be difficult to obtain without the coooperation of both spouses. NY effecrively mandates that cooperation. And note - it is often easier done sooner rather than later.