Meir Kin divorced his wife in California, however he refused to give his wife a religious divorce; which in the Jewish religion is known as a get. A woman that was married in a Jewish religious ceremony can’t remarry in the religion unless she is given the get. This is essential to an observant Jew. Denying her a get is denying her the opportunity to marry again. In fact there is a term for such a woman, which is agunah, translated to English meaning “chained” or “anchored”
Although the Jewish orthodox and conservative communities absolutely require a get to remarry, the reform movement does not. The reform will consider a civil divorce adequate. This may be a problem if someone married in a reformed ceremony, then doesn’t obtain a get and later wants to marry in the orthodox or conservative movements.
In New York section 253 of the Domestic Relations Law was passed in 1983 to deal with this situation. It required every couple divorcing, regardless of their religion, to sign affidavits saying that he or she has taken, or will take, all steps within his or her power to remove all barriers to the other spouse’s remarriage; or the other spouse has waived in writing the applicant’s obligation to file the statement. If the husband refuses to cooperate he can be denied a civil divorce. Unfortunately, this would be the only recourse if section 253 is not followed.
However even this does not provide a perfect solution. The husband can always get around the law by getting a divorce outside of New York since New York is the only state that has the requirement of removing barriers to a religious divorce.
Traditionally, pressure of the Jewish community would cause most men to cooperate in providing the get. In fact, in another recent case, that of Gital Dodelson, such pressure did cause the husband to provide a get.
Sometimes some people get carried away and become too aggressive in applying pressure. Such was the case in a recent case when several men, including a rabbi were arrested by the FBI. Among the allegations are that they tortured up to 24 husbands, using among other things, a cattle prod, to convince men to provide gets.
In the case of Ms. Kin, so far private and public shaming has not caused Mr. Kin to cooperate in giving a get. Unfortunately, such is the case in many similar situations. If you find yourself in such an unfortunate situation there are support groups such as Organization for the Resolution of Agunot.
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