Divorce is one of the most emotionally and legally complex transitions a person can face. For members of the Jewish community, the challenges are often compounded by the need to navigate not only the secular family court system but also the halachic requirements of a proper get and related family law matters in Beis Din. At 59Law.com, we provide a uniquely comprehensive service: one firm that offers both secular legal representation and qualified to’en services in Jewish religious courts. Contact our firm for comprehensive representation with divorce and family law matters in Beis Din.
Divorce in Jewish law involves not only emotional separation but also complex spiritual and legal obligations. A get—the halachic document that formally dissolves a marriage—is central to this process. Without a valid get, a person may remain spiritually bound to their spouse, with far-reaching implications under Jewish law, including the prohibition on remarriage and the tragic status of a child born from a subsequent union as a mamzer.
The Shulchan Aruch, Even HaEzer 119, outlines the procedural and ethical requirements for issuing and receiving a get. Rambam also details in Hilchot Gerushin the conditions under which a divorce is halachically valid. These laws are nuanced and must be followed precisely to avoid spiritual and communal complications.
In secular court, divorce involves additional layers: division of marital property, child custody, visitation, spousal and child support, and in some cases, protection orders. New York law follows the principle of equitable distribution, which may or may not align with halachic expectations. Without guidance from someone versed in both systems, clients may find themselves fulfilling one legal system’s demands while unintentionally violating the other.
At 59Law.com, we navigate these parallel tracks simultaneously. Whether you’re initiating the divorce or responding to proceedings in Beis Din or family court, we ensure every legal and halachic step is handled with precision, compassion, and full legal compliance.
Many of our clients come to us with urgent and deeply personal questions. Here are a few key areas where our expertise is particularly valuable:
The Get Process: Rights and Responsibilities
The halachic process of divorce requires mutual cooperation. In some cases, a spouse may withhold the get, intentionally or otherwise. This situation—commonly referred to as get refusal—can lead to a state of agunot, where a woman is halachically “chained” to a marriage she cannot exit.
Under Jewish law, coercion is a sensitive issue. The Choshen Mishpat 2 and Even HaEzer 134 caution against invalidating a get through undue pressure. At the same time, legitimate legal persuasion and strategic halachic tools are permissible when implemented properly. We work with dayanim (judges) and rabbinic authorities to protect our clients’ rights without compromising the integrity of the halachic process.
We also handle cases where a civil divorce has already been granted, but the get has not yet been issued—a surprisingly common issue that we resolve with discretion and cultural sensitivity.
Custody and Support in Two Legal Systems
New York courts prioritize the best interests of the child, but Halacha also recognizes parental obligations. Rambam in Hilchot Ishut and Shulchan Aruch, Even HaEzer 82 define a father’s duty to provide for his children, while also considering maternal rights and the child’s welfare.
We help clients create custody and visitation arrangements that comply with both civil court standards and halachic expectations, often crafting agreements that Beis Din can ratify and that civil courts will accept. This dual approach prevents conflicts and ensures smoother enforcement of custody and support rulings.
Financial Settlements and Property Division
The ketubah is a binding document under Jewish law, often containing financial obligations that go beyond secular court expectations. Yet in New York State, marital assets are divided according to equitable distribution—not necessarily 50/50, but based on fairness, contribution, and need.
Understanding how ketubah obligations intersect with civil spousal support or property claims is essential. We help clients clarify these overlapping responsibilities, avoiding unnecessary litigation and protecting their rights in both systems.
At 59Law.com, divorce doesn’t have to mean conflict, confusion, or compromise on your values. Contact us today to schedule a confidential consultation. Whether you’re just beginning to consider your options or are already in proceedings, we’re ready to help you move forward.
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