New Jersey Family Law and Divorce Lawyers
A civil divorce will end a marital union and release a couple from their legal responsibilities. But for those that hold true to their faith values, there are often important protocols that must be followed for the marriage to be considered void in the eyes of their religion. If one of the marital partners does not share these faith values, their spouse can suffer significant emotional and spiritual turmoil, not to mention stigmas from their families and communities.
At Lyons & Associates, P.C., our New Jersey divorce lawyers can act as liaisons, advocating for divorce while being sensitive to the legal and spiritual aspects of your religion. Our experienced lawyers understand how important your faith doctrines are, and we are committed to ensuring they are respected throughout the divorce process.
Roman Catholic Doctrine
A Roman Catholic person cannot be remarried by a priest in a Catholic Church unless their previous marriage was annulled. The divorced couple must petition the leaders of the Catholic Church for an annulment, giving evidence to prove that false or unknown circumstances were present at the time the marriage took place that if known, would have changed their decision to marry. Unless an annulment is granted, the Church still recognizes the marital union, even if a civil divorce has taken place. In the eyes of the Church, the couple is still married and therefore commits adultery if they get remarried. We can help facilitate what is necessary for the annulment process and protect the divorced spouse’s privilege to be remarried in their faith.
Divorce in the Jewish Faith
Divorce in the Jewish faith is similar to the Roman Catholic faith in that it requires a faith document to officially end the marriage in the eyes of the religion. A “Get” is a document that a husband must prepare to release his wife from their marriage. Without the “Get,” she remains married according to Judaic principles and is prohibited from remarrying within the faith. Unless an ex-spouse is willing to follow the mandates for a Jewish divorce, she can be prohibited from practicing her faith should she remarry in a civil union. Any children born to the woman who remarries without a “Get” are considered illegitimate.
In a Muslim divorce, the dowry brought to the marriage by the wife becomes the focus of the property settlement, which can complicate any civil divorce proceedings. When it is the woman’s decision to divorce, she must return her dowry to her husband as payment to end the marriage. However, she can petition religious authorities to keep her dowry if she can prove that the husband did not fulfill his marital responsibilities. If it is the husband’s desire to divorce his wife, he must return the dowry to her. Consulting with our experienced divorce lawyers will ensure that the rightful owner of the dowry receives what is promised to them by their faith agreement.
In the Hindu religion, a couple can divorce under certain circumstances that include desertion for a period longer than two years, religious conversion outside of Hinduism, impotency, or if one of the marital partners has an STI. A wife can petition for a divorce if her husband is proven guilty of cruel treatment.
Hindu divorce can become very heated when dividing the marital property. It is customary in this religion that the bride is given very expensive jewelry as gifts, and discrepancies over ownership of the jewelry are common. Since the gifts were given to the wife, oftentimes before the actual marriage ceremony, the question of whether the husband is entitled to part of the jewelry’s value often becomes a point of contention. Representation by one of our skilled divorce lawyers is essential in these types of religious divorces.
New Jersey Family Law and Divorce Lawyers at Lyons & Associates, P.C. Serve Clients of all Religions
If you or someone you know is considering divorce and you want to ensure that your legal rights and religious values are protected, the New Jersey divorce lawyers at Lyons & Associates can help. We are committed to respecting the faith precepts of the marriage throughout the divorce process. Call us at 908-575-9777, or contact us online to schedule a consultation today.
Lyons & Associates is located in Somerville, New Jersey and we serve clients throughout New Jersey including Basking Ridge, Bedminster, Bridgewater, Madison, Mendham, Morris Plains, Morristown, Parsippany, Randolph, Rockaway, Short Hills, South Plainfield, and Woodbridge including Morris County, Somerset County and Union County.