Question #64: I got married in accordance with Islamic laws and not the state laws on New York. I have a marriage certificate from the Islamic Center of New York. My wife, who was a christian woman when we got married, has changed her believes to become athiest. We are currently going through a divorce and would like to know if I can exercise the religious marriage certificate and not the laws of the state of NY regarding the custody of the childern??

The marriage is recognized by New York State as a legal marriage

although it was purely a religious one but if you or your wife meet the residency

requirements of New York, your divorce will be subject to New York Law

and any child custody agreement will have to be approved by a New York Court.

If you wish to discuss mediating the divorce as an alternative to litigation, please

call me at 212-370-1660. It may be the solution to your dilemma.

Leonard M. Weiner, Esq. / Divorce Solutions