If you exclude the situation where one party wants to stay married (in which case it is arguably premature to talk about a “get”, and that usually is a temporary problem), one way to address the matter would be to have the Beis Din be associated with a “legal clinic” that if the parties cooperate would do all the legal work for getting the divorce (details approved under Beis Din supervision) approved by the government courts, and if one party refuses to go along, to provide legal services to the other party (which in itself, would create a very strong incentive to be cooperative, since no one wants to go to an American court in which your opponent as “deep pockets”). There would be the need to raise money for such legal clinics, and the problem if that parties can’t agree on a Beis Din, though if they each prefer different Beitei Din, that should not be a big problem since most rabbanim get along much better than most divorcing couples. Also, if a divorce is caused by one party going OTD, the other party’s legal bills get paid by the our community. There would also be the mater of “Haseges Gevul” pertaining to frum matrimonial lawyers.
Menu