USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
that the parties to the marriage solemnly declare each other as husband and wife (or other spous - al arrangement) in the presence of an officiant or clergyman and a witness. In the absence of a licence, the court will balance various factors to determine whether the marriage is legitimate and enforceable. These cases are rare and highly fact-specific. As for divorces in cases where the spouses were married in a religious ceremony but with a legitimate marriage certificate, once a divorce is finalised, the Supreme Court issues a decree, and then either party is free to remarry. Some consideration given to the fact that spouses may be bound under religious marriages unless cer - tain steps are taken to release that spouse from marriage under religious law. Other Processes in Relation to Ending a Marriage New York Domestic Relations Law provides for other actions to void a marriage, for annul - ment or separation (NY DRL §§5, 6 and 7, 140 and 200, respectively). While a married couple may enter into a separation agreement, which is intended to be enforceable on its own, and which may be So Ordered by a court, thus mak - ing it enforceable as a court order, that agree - ment must be incorporated into (but not merged with) a judgment of divorce in order to formally dissolve a marriage. 1.2 Choice of Jurisdiction Jurisdictional Grounds The parties must meet jurisdictional require - ments, found in NY DRL §230, as follows. • The marriage occurred in New York, one party has resided in New York continuously for at least one year immediately prior to the com - mencement of the action (“commencement”)
and that party remains a resident as of com - mencement. • The parties have resided in New York as husband and wife and one party has resided in New York continuously for at least one year immediately prior to commencement. • The cause of action has arisen in New York and both parties are residents at commence - ment or one party has resided in New York continuously for at least one year immedi - ately prior to commencement. (However, see Stancil v Stancil, 47 Misc.3d 873 [Sup. Ct., N.Y. Co. 2016], where the trial court found under the facts presented that a party could not accelerate the two-year residency requirement by alleging one year of residency coupled with no fault grounds.) • Either party has resided in New York for a continuous period of two years prior to com - mencement. The foregoing apply to same-sex spouses but not civil partners. Domicile, Residence and Nationality Domicile and nationality are not relevant for juris - dictional purposes where the residency require - ments above are met. A person is a “resident” of New York State when they have a significant connection with some locality in the state as the result of living there for some length of time during the course of a year. Deazle v Miles, 77 A.D.3d 660,908 N.Y.S.2d 716 (2d Dep’t 2010). Contesting Jurisdiction A party to divorce proceedings can contest juris - diction.
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