Reply To: Refusing to give or accept a get

This discussion has branched into some tangents, and that is fine, but I still note that my essential point remains standing. If one spouse sincerely wishes to be divorced while the other spouse sincerely wishes that the marriage continue (and there are no severe factors that gives one the halachic right to demand a divorce such as continual physical abuse, refusal of onah or other valid causes that halachicly entitles the other spouse to a divorce), then halacha (per the Torah and per the cherem) allows the spouse who wishes for the marriage to continue, the authority to remain in that marriage even though the other spouse does not wish to remain in the marriage.

And Rabbeinu Gershom is explicit in this point with his cherem preventing a husband from divorcing his wife who wishes to remain married to him. He gave wives this same right that the Torah always afforded husbands. My second and third posts above expound this point in greater detail and it would be productive to read them before responding.