Many Orthodox Jewish women in Chicago are aware of the difficulties of seeking a divorce in that community. Only the husband has the right to issue a “get,” the document that dissolves a marriage in the eyes of the synagogue. Below are five tips designed to help Orthodox Jewish women who are seeking a get.
Avoid court intervention at all costs. Hauling a former husband into court often hurts more than helps by aggravating hard feelings with bruised pride and public humiliation. Mediation and negotiation offer less adversarial low-profile dispute resolution platforms.
Go for creativity. Applicable divorce laws are not designed for customized application and do not permit special consideration for theological affiliations. This limits judicial authority while leaving private litigants at liberty to fashion mutually agreeable personalized solutions. Exploit this unusual aspect to plan creative remedies that offer positive incentives for get issuance.
Equalize legal playing fields. Many male Orthodox Jews withhold a get as a means of getting revenge or gaining unfair advantage in a child support or custody dispute. Mediation keeps control tactics in check and brings balance by affording a zone of safety wherein both estranged spouses may discuss sensitive details in private settings. This helps cooperation and reduces animosity that often causes get denial.
Negative publicity never pays. Resorting to Rabbinical Court or public announcements to shame former husbands into giving a get can increase reluctance to back down.
Use damage control. Requesting civil divorce is difficult enough, let alone asking for a get. While still an emerging legal device, divorce mediation offers a non-threatening secular solution to this dilemma. With assistance of an experienced and culturally sensitive family law attorney, Orthodox Jewish women can get all they deserve in divorce settlements.
Source: The Huffington Post , “5 Ways That Divorce Mediation Can Help Resolve the ‘Get’ Crisis“, Morghan Richardson, January 06, 2014