New York Family Law Blog
This is a case being heard in the Special and Trial Term of the Supreme Court of the State of New York located in New York County. The plaintiff in the case is Lewis S. Rosenstiel. He is requesting that the court use its authority to grant an annulment of his marriage to the defendant Susan L. Rosenstiel. He entered the marriage with the defendant on the 30th of November, 1956. The defendant argues that this marriage cannot be legal or deemed valid as the defendant’s previous marriage and divorce to Felix E. Kaufmann must be rejected as a nullity under the laws of the state of New York.
Court Discussion
A New York Family Lawyer said the issue that is put before this court is whether or not the decree for divorce that was made in Mexico is legitimate. The determination of whether or not the divorce in Mexico is considered valid effects the overall decision of this court in whether or not an annulment of the plaintiff’s marriage to the defendant should be granted.
The defendant learned of the nullification decree that had been entered in the First Civil Court of Bravos on the seventh of June, 1962. At that time the defendant filed a constitutional proceeding that is called an “amparo” in the Federal Court of Mexico. During the proceeding the defendant argued that the nullification order that was entered in the state court on behalf of Samuel Goldsmith was void alleging that the order was made without her receiving notice of the matter and was derogatory of her right of due process that is guaranteed by the Mexican statutory and constitutional laws. A New York Custody Lawyer said the Mexican Federal Court refused to grant the amparo in favor of the defendant. The court determined that the defendant had not entered the proceeding in the required amount of time.
The defendant went on to appeal this decision in the Third Circuit Federal Court of Appeals in the City of Saltillo, in the state of Coahuila, Mexico. The decision was reversed on appeal and the amparo was granted. The state court then entered a resolution that revoked the nullification and further stated that the divorce proceeding was legal as it was brought to the courts by Mr. Felix Ernest Kaufman against Mrs. Susan E. Kaufman along with a divorce proceeding that was filed and declared on the sixth of October, 1954.
Expert testimony along with exhaustive research has shown this court that the decision that was made by the Saltillo court and the decree that was entered by the decision made by the First Civil Court of Bravos did not research to ensure that the decree for divorce was valid. A Bronx Family Lawyer said the Saltillo court only reversed the decision that was made by the lower court and granted the amparo. There has been no determination by the Mexican court to validate the divorce in New York under the laws of the state of New York.
Court Decision
A Bronx Custody Lawyer said the court has determined that the defendant has admitted to the previous marriage and has failed to raise any issues as to the validity of the divorce. As the court cannot find any validation of the previous divorce the ruling is in favor of the plaintiff and the relief is granted.
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