N.Y. Domestic Relations Law Section 253
Removal of barriers to remarriage


1.

This section applies only to a marriage solemnized in this state or in any other jurisdiction by a person specified in subdivision one of section eleven of this chapter.

2.

Any party to a marriage defined in subdivision one of this section who commences a proceeding to annul the marriage or for a divorce must allege, in his or her verified complaint:

(i)

that, to the best of his or 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 her power to remove any barrier to the defendant’s remarriage following the annulment or divorce; or

(ii)

that the defendant has waived in writing the requirements of this subdivision.

3.

No final judgment of annulment or divorce shall thereafter be entered unless the plaintiff shall have filed and served a sworn statement:

(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 within his or her power to remove all barriers to the defendant’s remarriage following the annulment or divorce; or

(ii)

that the defendant has waived in writing the requirements of this subdivision.

4.

In any action for divorce based on subdivisions five and six of § 170 (Action for divorce)section one hundred seventy of this chapter in which the defendant enters a general appearance and does not contest the requested relief, no final judgment of annulment or divorce shall be entered unless both parties shall have filed and served sworn statements:

(i)

that he or she has, to the best of his or her knowledge, taken all steps solely within his or her power to remove all barriers to the other party’s remarriage following the annulment or divorce; or

(ii)

that the other party has waived in writing the requirements of this subdivision.

5.

The writing attesting to any waiver of the requirements of subdivision two, three or four of this section shall be filed with the court prior to the entry of a final judgment of annulment or divorce.

6.

As used in the sworn statements prescribed by this section “barrier to remarriage” includes, without limitation, any religious or conscientious restraint or inhibition, of which the party required to make the verified statement is aware, that is imposed on a party to a marriage, under the principles held by the clergyman or minister who has solemnized the marriage, by reason of the other party’s commission or withholding of any voluntary act. Nothing in this section shall be construed to require any party to consult with any clergyman or minister to determine whether there exists any such religious or conscientious restraint or inhibition. It shall not be deemed a “barrier to remarriage” within the meaning of this section if the restraint or inhibition cannot be removed by the party’s voluntary act. Nor shall it be deemed a “barrier to remarriage” if the party must incur expenses in connection with removal of the restraint or inhibition and the other party refuses to provide reasonable reimbursement for such expenses. “All steps solely within his or her power” shall not be construed to include application to a marriage tribunal or other similar organization or agency of a religious denomination which has authority to annul or dissolve 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 prescribed by this section, if the clergyman or minister who has solemnized the marriage certifies, in a sworn statement, that he or she has solemnized the marriage and that, to his or her knowledge, the plaintiff has failed to take all steps solely within his or her power to remove all barriers to the defendant’s remarriage following the annulment or divorce, provided that the said clergyman or minister is alive and available and competent to testify at the time when final judgment would be entered.

8.

Any person who knowingly submits a false sworn statement under this section shall 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.

9.

Nothing in this section shall be construed to authorize any court to inquire into or determine any ecclesiastical or religious issue. The truth of any statement submitted pursuant to this section shall not be the subject of any judicial inquiry, except as provided in subdivision eight of this section.

Source: Section 253 — Removal of barriers to remarriage, https://www.­nysenate.­gov/legislation/laws/DOM/253 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

230
Required residence of parties
231
Residence of married persons
232
Notice of nature of matrimonial action
233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served
234
Title to or occupancy and possession of property
235
Information as to details of matrimonial actions or proceedings
236
Special controlling provisions
237
Counsel fees and expenses
238
Expenses in enforcement and modification proceedings
239
Stay in divorce or separation action on default of payment
240
Custody and child support
240‑A
Judgment or decree
240‑B
Order of support by parent
240‑C
Review and cost of living adjustment of child support orders
240‑D
Support orders for certain adult dependents
241
Interference with or withholding of visitation rights
243
Security for payments by defendant in action for divorce, separation or annulment
244
Enforcement by execution of judgment or order in action for divorce, separation or annulment
244‑A
Enforcement of arrears which accrue during pendency of an enforcement proceeding
244‑B
Child support proceedings and enforcement of arrears
244‑C
Child support proceedings and enforcement of arrears
244‑D
Child support proceedings and enforcement of arrears
245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment
246
Persons financially unable to comply with orders or judgments directing the payment of alimony
247
Alimony or maintenance payments suspended during confinement in prison
248
Modification of judgment or order in action for divorce or annulment
249
Trial preferences in matrimonial actions
250
Agreements relating to marriage
251
Filing of order in family court
252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection
253
Removal of barriers to remarriage
254
Confidentiality
255
Prerequisites for judgments under articles nine, ten and eleven of this chapter

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 253’s source at nysenate​.gov

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