§ 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.
Answered on Oct 23rd, 2013 at 4:54 PM