NJSBA Family Law Section

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  • 1.  muslim marriage in mosque, no license

    Posted 04-20-2022 05:58 PM
    Hi friends,

    I have a potential client that came to me, and is looking to separate from his wife. They were married about 10 years ago in a mosque in New York, but never took a license to have a legal marriage done. That religious marriage was a second marriage for both of them. They have children from prior marriages.

    I was reviewing the law, and my understanding is in a situation like this, New Jersey does not recognize the religious ceremony as a valid marriage, that can be used towards a divorce filing. Would this be correct?

    If it is correct, what would be the best way for this potential client to 'un-entangle' himself from this relationship. They don't have commingling of financials, they have maintained separate bank accounts. The wife has a part-time job at Sephora,and also has child support that has been continuing from the previous marriage that she had. Husband has been the primary breadwinner, bring me in a five to six figure salary.

    ------------------------------
    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
    ------------------------------


  • 2.  RE: muslim marriage in mosque, no license

    Posted 04-21-2022 03:17 AM
    Pooja,

    While your description of New Jersey's view of religious-only marriages is consistent with my understanding, it is not consistent with New York law. 
    New York State accepts religious ceremonies as valid marriages, even where a civil marriage license was not obtained.  Since this couple was married in New York, I wonder if that makes a difference here as to what New Jersey law would say about that. 
    Good luck with this one. 

    Adam Berner
    --
    Adam J. Berner, Esq., M.A.
    Mediator, Collaborative Lawyer & Trainer





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  • 3.  RE: muslim marriage in mosque, no license

    Posted 04-21-2022 07:30 AM
    Not an uncommon situation - look at D.A.M. v. M.J.M., No. A-3390-18T4 (App. Div. Aug. 6, 2020), while unpublished, it comports with a lot of case law around the country. It would be inequitable to allow the parties to skirt the responsibilities of marriage by disavowing a relationship was marital in all aspects other than the license. I would file an FM complaint for divorce with a count asking the court to determine that the parties were married regardless of the failure to obtain a license. Worse case scenario, you end up being booted to an FD docket and will have to argue equitable relief.  But I would not start in FD.

    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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  • 4.  RE: muslim marriage in mosque, no license

    Posted 04-21-2022 09:29 AM

    I knew Saul Tischler.

     

    The answer Deb provided displays the same wisdom that Judge Tischler would have imparted. Deb is the perfect recipient of the Saul Tischler Award.

     

    Bill

     

     




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  • 5.  RE: muslim marriage in mosque, no license

    Posted 04-21-2022 08:02 AM
    It sounds like they might be legally married. See NY DRL, article 3, particularly subsections 11 and 12. 

    If they were legally married in NY, they're still legally married in NJ.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    1200 Route 22 East, Suite 2000
    Bridgewater, New Jersey 08807-2943
    p: 908.864.7884 | f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com

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