Finding Solutions to Orthodox Jewish Divorce Get Problem in New York

Under Jewish Orthodox law, only a husband can grant a divorce document entitled a “get.” Without a get, an orthodox women is unable to remarry and have more children. She is still considered married religiously. Rabbi Mendel Epstein of Brooklyn, an advocate for women in the Orthodox community, was arrested last year in connection with an incident involving a woman and her brother who came to him for help. What Epstein did not know at the time was that his comments were being recorded when he said he would help the woman by kidnapping her husband and forcing him to sign the get by beating or torturing him. The women and her brother were actually undercover FBI agents. Epstein and nine of his companions were arrested last October at a deserted New Jersey warehouse while waiting for who they thought was the husband to show up. Four of the persons arrested plead guilty to kidnapping and extortion related charged, while Epstein and three others have been removed from the case and indicated for multiple get-fuel kidnappings. There are two more defendants who are still remaining in the case.

The case drew national attention. Reform Jews do not require a get and Conservative Jews have been able to find other solutions that adhere to Jewish law. However, for Orthodox women, the issue is still one causing great crises in modern Jewish life. Religious courts are not recognized in the United States. According to The Organization for Resolution of Agunot, a Manhattan nonprofit, Orthodox husbands deny a get in an attempt to obtain large cash payments or win on property division or child custody issue in order to control their ex-wife. On the other hand, defenders of Orthodox husbands argue that husbands use refusal of the get as leverage against an unfair divorce settlement or for money to pay their divorce bills. Even if a Rabinnical Court of three rabbis agrees that there is good cause for a get, it doesn’t have much authority because the husband can move to another community to avoid being banned or boycotted.

A Beverly Hills family law attorney, Alexandra Leichter, recommends getting the get before you establish a civil divorce. New York law permits judges to prevent such get situations by denying a civil divorce to any plaintiff who does not make a sworn statement that he or she will agree to remove all barriers to allowing the defendant to remarry. A pre-nuptial agreement published by the Beth Din of America is a binding arbitration agreement where the husband agrees to pay the wife so much per day until he agrees to grant a get. Another option for young Jewish Orthodox women is to avoid having an Orthodox marriage ceremony in the first place. Being aware of the issue and your options before you enter into an Orthodox marriage is the best advice. This way you can make an intelligent decision and one that you may not regret later.