The primary question is: How do I conduct a search for New York marriage and divorce records without knowing dates or municipalities?
W, my client, seeks annullment, because W believes H's prior marriage was never dissolved. H is out of country. Service is possible, but he will most likely default. Because there are children, however, H may appear.
I have the name, address and phone number of the first wife. She lives in New York State and refuses to cooperate. She has children by H as well.
The first marriage was in New York. W believes divorce proceedings began, but were never finalized. I would like the marriage certificate of the first marriage and a search of the divorce docket to see if divorce proceedings were started or if FJOD was entered. We do not know the dates or the counties or municipalities of either the first marriage or the first divorce (if it exists). The official New York State online searches for marriage and divorce records require that you enter the municipality of record, which we don't have.
I plan to file for annullment and divorce in the alternative. The basis for W's knowledge of H's first marriage and lack of divorce are her conversations with H. I'm worried that those allegations are insufficient, even in a default, to overcome the burden of providing clear and convincing evidence of the validity of the prior marriage. See e.g. _Tobin v. Sanchez_, 213 N.J. Super. 472 (Ch. Div. 1986).
Any other thoughts or comments? Thanks.
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Jordan Stern Esq.
Law Office of Jordan A. Stern
Chatham NJ
(973)632-3526
www.njsternlaw.com "If there's one thing you should take from this class, it's this: Read the statute to the very end--to the very last period." -Prof. George C. Thomas III, Rutgers-Newark School of Law
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