Patricia Barberis, A Law Corporation Articles Jewish Orthodox Woman Faces Difficulties even after Legal Divorce

Jewish Orthodox Woman Faces Difficulties even after Legal Divorce

By Barberis Law Offices  Apr. 7, 2014 2:07p

A woman that had married in the Jewish Orthodox faith is unable to remarry even though she and her husband have been granted a civil divorce. L.K. and her husband have been divorced about seven years as far as the California courts are concerned. Her ex-husband, M.K., recently remarried but she cannot do the same because of the restrictions of her religion. According to Jewish law, the husband must present the wife with a document called a "get" in order for the marriage to be considered ended in the eyes of the religion within which the couple had wed. L.K. has stated that M.K. has refused to furnish her with a get and so she cannot remarry. The religion requires that the husband must do this, not the wife, and so the two are still considered married until that occurs. M.K., however, has apparently found a loophole and recently remarried in a ceremony in Las Vegas. The Jewish Orthodox religion does not allow bigamy but the husband is allowed to remarry without furnishing his previous wife a get if he gets the signature of 100 Rabbis approving the new marriage. M.K. allegedly accomplished this and so remarried. Protesters, including Rabbis, made their disapproval of his actions known as they gathered at the location of his wedding. According to L.K., M.K. will not grant her a get until she agrees to give him full legal custody of the couple's son. As she is unwilling to submit to this condition, she is considered an "agunah" meaning "a chained wife" and must either violate her religious beliefs in order to remarry or wait until the couple's son is 18 and beyond child custody issues. No divorce is necessarily going to be a simple matter so make sure you have the help of a divorce lawyer with the level of compassion and understanding you deserve in this difficult situation.

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