Reply To: survey on the Get experience

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#1188229
Ex-CTLawyer
Participant

Lenny1970

B”H my experience with clients and the Beis Din issuing a Get is limited. In 35+ years of legal practice maybe 30 cases have gone to the Beis Din (most of my clientele is not Jewish).

I only remember 2 cases where one party didn’t want to complete the Get process after a civil divorce was already in case.

One was a husband who thought he could extract financial concessions from his ex-wife in exchange for giving the get. I reminded him that this also meant he was not free to remarry…if 20 years from that momment he wanted to and didn’t know where his ex-wife had relocated, he’d be stuck. Furthermore, I would tell the civil court judge of his antics and no modification of the divorce/support/alimony/custody orders would be granted. He saw the light and completed the process.

The other was a female who truly did not want a divorce. She was afraid that her younger sisters would be unable to make a good shidduch if it was known the eldest sister was divorced. She and her husband agreed that she would relocate to Florida (they had no children) and give her sisters 3 years to marry. At that time the Get would be completed and given, leaving the husband free to remarry.

It turned out not to matter…she had a heart attack and passed away about 3 days after coming to this agreement.

BUT…to really answer your final question. The Beis Din can’t force a man to physically hand his wife a get, nor can they physically hold her with her hands in place to receive the Get….most couples who have a secular divorce attorney and a case filed in civil court know that a divorce will occur and they might as well both be free to get on with their lives/remarry.