Religious Divorce Attorney in Long Island and Queens, NY
Seeking a divorce in Long Island? Allow Wisselman & Associates to offer you the guidance you need to resolve your religious divorce. We invite you to schedule a free consultation to learn more about our firm and to see how we can help you and your family. Fill out an online consultation form to get started, or call our office at (516) 406-8500.
Under Jewish law, a divorcing couple cannot finalize their separation without obtaining a Get – a document that lifts the laws of adultery and returns certain rights to the wife that the husband held during marriage. These documents originated in biblical times and are still an important part of Jewish divorce law today. By working with a divorce attorney experienced in the particular requirements of a Jewish divorce, you can ensure that any legal complications pertaining to the Get are handled with skill and efficiency.
In New York, spouses who wish to terminate their marriage can begin legal proceedings simply by citing “irreconcilable differences.” In short, the law does not require an actual reason for the separation (such as adultery). Jewish matrimonial law is similar, and does not require the couple to state fault by either party. However, even liberal Jewish communities acknowledge the necessity of a Get to end the marriage.
The cases we have handled regarding the Jewish Get range from enforcement issues related to compliance with the Get all the way to advice pertaining to prenuptial agreements (prior to the wedding), and even providing for the issuance of the Get. Many of these cases may also involve international jurisdiction issues, which our firm is well qualified to help clients resolve.
How Our Long Island and Queens Divorce Attorneys Can Help You:
- Resolving matters related to the Ketubah (marriage contract)
- Obtaining the Get
- Dealing with inaccuracies in the Get
- Helping individuals who were refused a Get
Islamic Mahr (Mehrieh)
In Islam, a Mahr, or Mehrieh, is a mandatory payment by the groom (or the groom’s father) to the bride at the time of marriage. This “payment” legally becomes the bride’s property and is usually gifted in the form of gold coins, money, or other property.
Under Islamic law, marriage is considered a civil contract, and Mahr is considered an effect of a valid Islamic marriage contract. Because Mahr is considered a gift, it becomes the bride’s separate property, and she is entitled to keep it in the event of divorce. Payment of a Mahr is separate from any alimony the wife may be eligible to receive; it is a supplement, not a substitute, to other legal obligations between spouses.
Islamic marriage contracts are enforceable in the State of New York. A Mahr agreement can be a central issue in negotiations, which is why it is important to work with a divorce attorney who is experienced with Islamic matters of divorce. If you are seeking a divorce and matters relating to a Mahr, turn to our firm for assistance with the process as well as enforcement of the terms of your marriage contract. Many of these cases may also involve international jurisdiction issues, which our firm is well qualified to help clients resolve.
Our attorneys are very experienced in dealing with religious divorce matters involving removal of barriers to remarriage concerning the Annulment (for Catholic couples). An annulment is a legal proceeding that declares a marriage invalid and completely voids record of the marriage. Roman Catholics who wish to remarry in the Church may wish to have their marriage annulled.
According to the Church, a Catholic marriage may be annulled if the marriage lacked at least one of the following elements before vows were exchanged:
- The spouses were free to marry
- The spouses intended to marry for life
- The spouses intended to be faithful and open to children
- The spouses intended “good of each other”
- The spouses consented to the marriage in the presence of witnesses before an authorized church official
A declaration of nullity from the church states that the marital relationship was missing something required by the Church for marriage. If you have questions about annulments, we encourage you to contact our firm to schedule a free consultation.