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Nassau County Family Law Blog

Tuesday, February 17, 2015

Legal Rights and Religious Law in New York

Can You Bring Your Spouse to Civil Court for a Religious Law Issue?

When a Jewish individual faces a religious law challenge, he or she usually first turns to a rabbi, family member or other member of his or her faith community for assistance and resolution. The result, sometimes, is a failure to obtain the solution sought, and, for many, that is the end of the matter. But what if the individual could seek a solution in a civil court of law?

Civil courts can, in fact, be used to address religious law questions. In a case currently unfolding in the Brooklyn Supreme Court, a wife desperate to obtain a “get” (a document that allows for a divorce under Jewish marriage and divorce religious law) may soon prevail.

In 2008, 18-year-old Rivky Stein married 26-year-old Yoel Weiss. In the following seven years, Stein claims Weiss raped her, punched her when she was pregnant, locked her out of their house in winter and withheld food from her and their children. Weiss now adamantly refuses to grant Stein the get she needs to obtain a divorce, remarry and pursue the life she wants. 

Stein may have a better than usual chance of securing her get in court, because the judge presiding over the case, Esther Morgenstern, faced a similar legal battle in civil court when divorcing her husband in 1987. Morgenstern’s current inclination seems clear: she has threatened Weiss with “alimony for life” if he doesn’t relent and grant Stein the get. Stein’s lawyer sees eye to eye with Morgenstern, stating that, without a get, future financial support for Stein would be “virtually impossible.”

If you face a civil or religious law challenge regarding divorce or any element of family law, exercise your legal rights with the help of Nassau County family law attorney Howard B. Leff. Attorney Leff has more than 35 years of matrimonial and family law legal experience in New York and can provide dedicated and effective counsel and representation. Call (516)739-7500 for a consultation today.


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