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Monday, July 5, 2010

NEW YORK GET LAW:

New York State is one of the few States whose laws deal with the religious barriers to remarriage. Specifically Domestic Relations Law (the section of law dealing with divorce) Section 253, otherwise known as the “Get Law.” It states that the Plaintiff shall affirmatively state 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 Defendants remarriage following the annulment or divorce. One is simply obligated to remove any barrier to the remarriage of ones spouse. In the case of Orthodox Jews, this means a valid Get. That applies to one who is the Plaintiff, or the one who initiates the action. Upon a spouses refusal to give a Get, the court can dismiss their civil divorce proceeding.

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But what does one do when the recalcitrant spouse is the Defendant, the one who is being sued for divorce. The Courts, particularly, in Counties which have a high concentration of Orthodox Jews have applied Domestic Relations Law Section 253 (B (5) (h). under this statute of in any decision where appropriate, the Court is to consider the effect of the removal barriers to remarriage. This section has been implemented in many different scenarios by the New York Supreme Courts.

The Appellate Division, in Pinto v. Pinto, affirmed a Nassau County Lower Court decision which awarded a wife the entire marital estate, due to the husband’s refusal to give a Get. In that case the husband was the Defendant.

But what does one do when the recalcitrant spouse is the Defendant, the one who is being sued for divorce. The Courts, particularly, in Counties which have a high concentration of Orthodox Jews have applied Domestic Relations Law Section 253 (B (5) (h). under this statute of in any decision where appropriate, the Court is to consider the effect of the removal barriers to remarriage. This section has been implemented in many different scenarios by the New York Supreme Courts.

In another decision, Justice Sunshine in S.A. v. K.F. a 2009, decision from Kings County where the recalcitrant husband was the defendant. The court after trial issued a decision that the husband was entitled to receive both a maintenance award due to his age and not being the wage earner for a lengthy period of time, as well as a portion of the wife’s pension. At that trial, credible evidence was presented by a Rabbi that the husband has refused to give a Get. The Court in S.A. received further testimony as to what barriers in relation to the restrictions on the wife’s social and economic status, she faced in relation to not receiving a Get from her husband. The Court’s granting of an award of maintenance and a portion of the wife’s pension was contingent on the husband giving a Get within 45 days of the entry of the Judgment of Divorce; otherwise it would not be received. This case cites extensively to the Rabbi’s testimony explaining the Get process and even the history of when a husband may be forced to give a Get under halachah. In other unpublished decisions, Courts have even limited or stopped parenting time between a parent and child due to the recalcitrant spouse refusal to give a Get.

When the court issues such decisions one must consult their respective Rabbi. A Get in religious terms (Halacha), must be given and received voluntarily otherwise it may be considered a “meusah” or forced Get which can lead to halachic ramifications as to its validity.

Today our secular courts are quite aware of the ramification of the one who refuses to receive a Get, and they will use the applicable laws to assist the spouse who is not receiving a Get.


To be continued…

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