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Brooklyn, NY - Judge Rejects Israeli Divorce Based on 'Get' |
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Brooklyn, NY - A New York state judge has declined to recognize an Israeli divorce judgment that was based on a "get," issued by a Brooklyn rabbi.
Alla and Alexander Tsirlin married in Jerusalem, Ms. Tsirlin gave birth to a son, Jonathan. Ms. Tsirlin works in a medical office; Mr. Tsirlin is a bus driver.
The family moved from Israel to the United States where the couple appeared before a Brooklyn rabbinate, which issued them a "get," according to Mr. Tsirlin.
Israel's Rabbinical Court, issued a divorce judgment based on the Brooklyn decree. Mr. Tsirlin initiated the present divorce action, in which he also sought joint custody and child support. Ms. Tsirlin contested the action on comity and judicial estoppel grounds, citing the Israeli divorce decree.
In a decision in Brooklyn, Supreme Court Justice Jeffrey S. Sunshine rejected Ms. Tsirlin's motion. He found that allowing a U.S.-based get to serve as the basis of a valid divorce would provide an end-run around the state's divorce laws.
"If this court were to sanction the utilization of a 'Get' to circumvent the constitutional requirement that only the Supreme Court can grant a civil divorce, then a party who obtains a 'Get' in New York could register it in a foreign jurisdiction and potentially, later on, rely on the 'Get' to obtain a civil divorce in New York thereby rendering New York State's Constitutional scheme as to a civil divorce ineffectual," Justice Sunshine of ruled in Tsirlin v. Tsirlin, 20542/06.
"It would have the practical effect of amending the Domestic Relations Law section 170 to provide a new grounds for divorce," he said. Sunshine allowed the plaintiff-husband's Brooklyn divorce proceedings to go forward, denying the wife's motion to dismiss on the grounds of comity and judicial estoppel.
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Read Comments (3) — Post Yours »
1
May 20, 2008 at 10:18 AM Neshama Says:
I wonder how this affects marriages performed via "Rabbi and Ketubah" only?
2
May 20, 2008 at 01:36 PM Baruch Gershom, Esq. Says:
I think that had the get been given in Israel, rather than New York, the NY court would have been forced to accept it. The fact that the couple resided in NY at the time of the get would be controlling under a conflict of laws analysis, such as the court used.
3
May 20, 2008 at 01:38 PM Anonymous Says:
If you are referring to marriages without civil licenses, they are illeagal in NY and rabbis who perform them are commiting a crime.