NY Dom Rel L § 253 (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action 253 - Removal of Barriers to Remarriage.

§ 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   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.