Saturday, February 07, 2009
Judge tells rabbi to let ex-wife go
An ailing, 81-year-old retired rabbi won't give his ex-wife a get, and now a judge said he can't have any of her gelt.
The Brooklyn couple got a civil divorce in 2005, but the poverty-pleading hubby can't touch her valuable state pension, a judge ruled, until he stops withholding the get - a Jewish divorce granted by the husband.
"The wife deserves the right to move on with her life, free from the control of the husband," Justice Jeffrey Sunshine said in a decision published in the Law Journal Friday.
The husband, who is referred to as K.F., is a Holocaust survivor nearly two decades older than his wife.
His refusal to give the get won't allow her to remarry under religious law.
"For him it's a question of conscience," said his lawyer, Joan McFarquhar. "He thinks the court doesn't have the right to interfere, that the court can't order somebody to give a get."
Under strict Jewish law, a husband is not forced to relinquish the get but could be shamed or embarrassed by others if he doesn't.
The wife, referred to as S.A., has been the primary breadwinner since the couple were married in 1972, earning an estimated $783,881 pension from her New York State job.
Because of that, he would be entitled to half the gelt - if he would only give the get.
http://www.nydailynews.com/ny_local/brooklyn/2009/02/06/2009-02-06_judge_tells_rabbi_to_let_exwife_go.html
The Brooklyn couple got a civil divorce in 2005, but the poverty-pleading hubby can't touch her valuable state pension, a judge ruled, until he stops withholding the get - a Jewish divorce granted by the husband.
"The wife deserves the right to move on with her life, free from the control of the husband," Justice Jeffrey Sunshine said in a decision published in the Law Journal Friday.
The husband, who is referred to as K.F., is a Holocaust survivor nearly two decades older than his wife.
His refusal to give the get won't allow her to remarry under religious law.
"For him it's a question of conscience," said his lawyer, Joan McFarquhar. "He thinks the court doesn't have the right to interfere, that the court can't order somebody to give a get."
Under strict Jewish law, a husband is not forced to relinquish the get but could be shamed or embarrassed by others if he doesn't.
The wife, referred to as S.A., has been the primary breadwinner since the couple were married in 1972, earning an estimated $783,881 pension from her New York State job.
Because of that, he would be entitled to half the gelt - if he would only give the get.
http://www.nydailynews.com/ny_local/brooklyn/2009/02/06/2009-02-06_judge_tells_rabbi_to_let_exwife_go.html
Comments:
If anyone would like to read the actual text of the court decision, it is available at
http://www.nycourts.gov/reporter/3dseries/2009/2009_50141.htm
You should be able to read this without a subscription fee.
http://www.nycourts.gov/reporter/3dseries/2009/2009_50141.htm
You should be able to read this without a subscription fee.
Comment Credit ---This article posted by 
: February 08, 2009 2:46 PM
: February 08, 2009 2:46 PM
I'd rather stay married and keep the money, hoping that he won't make it for too long.
Comment Credit ---This article posted by : February 08, 2009 6:13 PM
: February 08, 2009 6:13 PM
For 783,000 I wouldnt mind marrying her. Even though she is 20 years older than me.
Comment Credit ---This article posted by : February 08, 2009 8:15 PM
: February 08, 2009 8:15 PM
All foolishness.
The get given under these circumstances is USELESS and VOID.
If anything the idiot judge just made it that she can not remarry even if he gives her the get.
ANY get given as a result of being pressured by anyone other than a Beis Din, is totally not valid.
So, any Get given due to any financial pressure is VOID.
Any get given due to any pressure from any judge is VOID.
Post a Comment
The get given under these circumstances is USELESS and VOID.
If anything the idiot judge just made it that she can not remarry even if he gives her the get.
ANY get given as a result of being pressured by anyone other than a Beis Din, is totally not valid.
So, any Get given due to any financial pressure is VOID.
Any get given due to any pressure from any judge is VOID.
Comment Credit ---This article posted by : February 09, 2009 3:00 PM
: February 09, 2009 3:00 PM
