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- Title
ALMOST, BUT NOT QUITE: THE FAILURE OF NEW YORK'S GET STATUTE.
- Authors
Glicksman, Jeremy
- Abstract
The quandary of Jewish women unable to remarry because of their husbands’ refusal to grant them religious divorces is a real problem affecting real people. Husbands are wielding this lopsided power to “extort” money from their wives, obtain favorable child custody settlements, property settlements, and child support payments. The burgeoning divorce rate is certain to exacerbate this problem. Already, this situation has garnered international attention. In the wake of New York's legislative attempt to remedy this problem, countries, including the United Kingdom and Australia, have promulgated legislative solutions to this dilemma. New York is the only state in the United States to pass such a statute. Unfortunately, New York's statute is flawed because it is of limited applicability and still allows for situations in which the Jewish wife is civilly divorced but religiously married. This Note proposes amending New York's statute to make it applicable to any and all divorce proceedings and to any barrier to remarriage. This Note will further recommend that the proposed amended statute should be adopted worldwide.
- Subjects
NEW York (N.Y.); NEW York (State); DIVORCE; SPOUSES' legal relationship; JEWISH women; LEGISLATION; REMARRIAGE
- Publication
Family Court Review, 2006, Vol 44, Issue 2, p300
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/j.1744-1617.2006.00087.x