New York Consolidated Laws

N.Y. Domestic Relations Law § 8 (2026)

Marriage after divorce

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 8. Marriage after divorce. Whenever, and whether prior or subsequent
to September first, nineteen hundred sixty-seven, a marriage has been
dissolved by divorce, either party may marry again.
Notes of Decisions
Cited in 2 cases, 2005–2008 · leading case: Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005).
Hernandez v. Robles, 7 Misc. 3d 459 (N.Y. Sup. Ct. 2005). “) Marriage is no more limited by the historical exclusion of same-sex marriage than it was limited by the exclusion of interracial marriage, the legal doctrine of coverture (see, 41 Am Jur 2d, Husband and Wife § 2), the pre-1967 restrictions on remarriage following divorce in…”
Kinberg v. Kinberg, 48 A.D.3d 387 (N.Y. App. Div. 1st Dep't 2008). “Moreover, the *388 documentary evidence indicates that defendant remarried only after obtaining a binding secular decree of divorce (see Domestic Relations Law § 8). We have considered plaintiffs remaining contentions and find them without merit.”
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