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DRL 12 – Domestic Relations Law 12

DRL 12

DRL 12
Domestic Relations Law 12

No particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, but the parties must solemnly declare in the presence of a clergyman or magistrate and the attending witness or witnesses that they take each other as husband and wife.  In every case, at least one witness beside the clergyman or magistrate must be present at the ceremony.

The preceding provisions of this chapter, so far as they relate to the manner of solemnizing marriages, shall not affect marriages among the people called friends or quakers;  nor marriages among the people of any other denominations having as such any particular mode of solemnizing marriages;  but such marriages must be solemnized in the manner heretofore used and practiced in their respective societies or denominations, and marriages so solemnized shall be as valid as if this article had not been enacted.

Joseph v. Singh, 2022 NY Slip Op 04158, ¶ 1, 206 A.D.3d 982, 982, 168 N.Y.S.3d 873, 873 (App. Div. 2nd Dept.)

The parties took part in a Hindu wedding ceremony, conducted by a Hindu religious leader and attended by several guests. Despite the defendant’s assertion that the parties never intended to be married, the parties solemnly declared in the presence of a clergyman and at least one witness that they took each other as husband and wife and, thus, they entered into a valid marriage (see Domestic Relations Law § 12Hirsh v Stern, 83 AD3d 783, 920 N.Y.S.2d 783; Ahmed v Ahmed, 55 AD3d 516, 865 N.Y.S.2d 610). Contrary to the defendant’s contention in this matter, the parties’ failure to obtain a marriage license had no effect on the validity of their marriage (see Domestic Relations Law § 25).

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  • What kind of cases do you handle?
  • Family Law Cases such as:

    – Divorce- both contested and uncontested, same sex and gray divorce

    – Custody

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    – Alimony/ Maintenance

    – Equitable Distribution

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    – Transactional work such as: Terms and Conditions, IP registration and enforcements and cease and desists

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  • How much will my matter cost?
    • Our firm has a different philosophy than virtually any other, we try to close cases quickly. We recognize if you are happy, you will refer us clients. In most matters, it will depend on how complicated the facts and/or legal issues are and how willing the parties are to settle.
  • How does your firm have two differing specialties?
    • We spend a lot of money, time and resources to remain experts in our respective fields. Join the parties and opposing counsels who are baffled by our expertise in both areas.

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