Need a Jewish Divorce Lawyer in New Jersey?

There are unique challenges in a Jewish divorce, as it involves both civil and religious requirements and considerations. Thus, it is important for a Jewish couple seeking divorce and their attorney to understand both civil and religious aspects of a Jewish divorce in New Jersey. 

A Jewish divorce attorney, such as Adam Rosenblum, a Jewish Rabbi and the founding attorney at Rosenblum Law, can facilitate the process of a Jewish divorce to ensure the specific needs of the client are met. One of our attorneys will be able to explain civil and Jewish law, facilitate the receipt of the Get, and negotiate with parties to reach a divorce settlement acceptable to the Jewish court. 

This article will delve into the basics of Jewish divorce in New Jersey, and outline how a Jewish Divorce attorney is best able to assist a Jewish couple going through a divorce.

Understanding Jewish Divorce

Jewish courts, also called Beth Din, have specific religious requirements to dissolve a marriage that differs from the traditional procedures in New Jersey courts. 

One key distinction is the requirement of a Get in a Jewish Divorce. In addition to New Jersey’s civil divorce requirements, in order to file for a divorce or to remarry in the Jewish community, one must sign or receive a divorce document called a Get from a Jewish court. This document formally finalizes a divorce between a Jewish couple and states that the husband is willingly releasing the wife from the marriage bond. The court may require additional documents as well before issuing a Get.

Moreover, in a Jewish divorce, the husband must initiate the process by giving the Get to the wife, and both parties must be divorced based on their own free will. 

The parties must also agree to a divorce settlement in a Jewish court. As a result, many Jewish divorces are filed as uncontested in civil court because the terms of the divorce are agreed upon based on the principles of their religion. 

The Jewish Divorce Process: Obtaining a Get

A Get is an important aspect of Jewish law, allowing the parties to divorce and remarry in the Jewish community. A Get must be mutually agreed upon by both parties, although it must be initiated by the husband. 

There are several steps to obtaining a Get:

1. The husband requests the Get.
2. A ceremony is scheduled.
3. Some Beth Dins may require that the parties negotiate in arbitration for a divorce settlement.
4. The Beth Din decides on any disagreements in the settlement.
5. During the ceremony, the scribe drafts the Get in Aramaic.
6. The husband signs the Get.
7. The wife receives the Get.

There can be challenges and complications in obtaining a Get. The most common is for the husband to refuse to request one. This refusal can also hold up civil divorce proceedings because it is a requirement for a New Jersey divorce that the parties must have no barriers to remarriage. 

A wife whose husband refuses to obtain a Get is called an agunah, or “chained woman.” This means that she cannot remarry, and any children she has in another civil marriage will be considered illegitimate in the Jewish community. While a civil court cannot directly force the husband to obtain a Get, the civil court may be able to address issues of separation such as property division and child custody and support. 

Another complication that can arise is if the parties have a ketubah, or a Jewish marriage contract outlining the husband’s obligations to the wife. A ketubah may be addressed in a civil court, but it is not the same as a prenuptial agreement because it may not be enforceable in a civil court. The ketubah is subject to civil law standards. A Jewish divorce attorney can help their client in the process of applying the agreements in the ketubah to the agreements made in the divorce. 

If the couple does have a prenuptial agreement, it could dictate which Jewish court is involved in the Get as well as matters of property division and support. However, some terms of a prenup may be found unreasonable, in which case a civil court could order different terms.

The Role of a Jewish Divorce Attorney in New Jersey

A Jewish divorce attorney should have specialized knowledge of New Jersey family law and Jewish religious law. This will ensure that any divorce settlements and documents meet both civil and religious requirements. 

There are key responsibilities and tasks of a Jewish divorce attorney. In particular, the attorney will be able to:

• Offer legal advice on both civil and religious aspects
• Assist with obtaining a Get, including filing a motion with the civil court compelling the husband to obtain the Get if he has refused
• File all necessary paperwork and represent the client in civil divorce proceedings
• Provide emotional and religious support through their understanding of Jewish divorce law, which not all divorce attorneys will thoroughly understand 

How a Jewish Divorce Attorney Can Help With the Get Process

Let’s take a closer look at the key roles of Jewish divorce attorneys in the Get process, from providing initial guidance to finalizing the Get. 

Legal and Religious Guidance

An experienced Jewish divorce attorney can educate clients on their rights and obligations under both civil and Jewish law. The attorney can also advise on the legal and religious steps needed to obtain a Get. 

Arbitration

If the parties do not agree on property settlement, custody, and support matters, the Jewish court may require arbitration. Arbitration is where a neutral third party acts as a judge to hear evidence and make a legally binding decision on issues of contention. A Jewish divorce attorney can facilitate this process. 

An attorney also can negotiate the terms of the Get and the civil divorce settlement. The settlement agreed to in arbitration is binding and applies to the civil divorce, so it is important that the attorney be experienced in New Jersey family law. 

Representation in Beth Din and Civil Court

The Jewish attorney will represent clients in both Jewish court and civil court, ensuring compliance with both religious and civil legal requirements. The attorney also understands procedures in both the Jewish and civil courts, which will facilitate the process. 

Handling Refusal Cases

A Jewish attorney will have strategies for addressing refusal to give or receive a Get. This may include working with the Jewish court to find solutions. 

For example, the court can summon either party refusing the Get to appear before it. If the party does not comply, they will be in contempt of court, which has consequences in the Jewish community. However, neither a Jewish court nor a civil court can force someone to give or receive a Get.

Civil Divorce Proceedings in New Jersey

There are a variety of New Jersey laws that apply to divorce and are important factors in a Jewish divorce. In all cases, the parties must ensure that the civil court proceedings do not violate Jewish law, and civil and religious proceedings should be coordinated.This requires the attention of an attorney experienced in both. The following is a breakdown of the New Jersey laws for divorce and how they apply to a Jewish divorce:

Grounds for Divorce

For example, New Jersey has both fault and no-fault grounds for divorce. However, if the Get is obtained before the civil divorce is filed and includes a divorce settlement, the civil divorce will be considered uncontested, and the only legal grounds for an uncontested divorce in New Jersey are irreconcilable differences. 

Equitable Distribution

New Jersey law also dictates how property and assets are divided, using the principle of equitable distribution. This is not necessarily a 50/50 split of property. Instead, the property and assets are divided such that each party can live in the same standard of living enjoyed during the marriage. It is important that any settlement agreed to in arbitration or before the Jewish court meets these guidelines.

Custody and Support

New Jersey also has laws about child custody, child support, and spousal support or alimony. Child custody is decided based on several factors, but it ultimately comes down to the best interests of the child. 

Child support is calculated based in part on each parent’s income and time spent parenting. Spousal support is not ordered in all divorce cases, and if it is, the amount of support is based on a variety of factors. It is important that any settlement with the Jewish Court complies with these laws. 

Uncontested Jewish Divorce

If the Jewish Court requires a settlement for the Get, the Jewish divorce proceeding should be handled before the civil court case is filed. This way, the civil case can be filed as uncontested, which is faster and easier to obtain. However, if the wife or husband refuses to give or receive the Get, civil proceedings may need to be filed first so that the court can order the Get.

FAQs

Resources and Support for Jewish Divorce

Jewish Divorce Attorneys in New Jersey

• Rosenblum Law: Rosenblum Law has a Jewish divorce attorney, Adam Rosenblum, who is a Rabbi, and offers free consultations and case evaluations. The Rosenblum Law office is located at 777 Passaic Ave Suite #460, Clifton, NJ 07012.

Relevant Legal Statutes and Jewish Law Resources

• Section 2A:34-2 explains  the grounds for divorce in New Jersey.
• Section 2A:34-23.1 explains equitable distribution in New Jersey.
• Section 2A:34-23 explains how child support and alimony are calculated.
• Section 2A:2-4 explains child custody in New Jersey.
• The Rabbinical Assembly contains information about obtaining a Get. 

Support Groups and Counseling for People Going Through Divorce

• Psychology Today has a directory of divorce support groups in New Jersey.
• Divorce Headquarters also has a directory of divorce support groups in New Jersey.

Contact Rosenblum Law Today

It is important to address both civil and religious aspects of Jewish divorce, and it is equally important to have professional legal and religious assistance. Rosenblum Law is experienced in and equipped to offer both religious and legal assistance. 

Our founding attorney and principal of Rosenblum Law, Adam Rosenblum, is a Jewish rabbi and experienced attorney, rendering him intimately familiar with both Jewish and family law in New Jersey. Contact us today for a free consultation.