Megibow v. Megibow
612 N.Y.S.2d 758, 1994 N.Y. Misc. LEXIS 198, 161 Misc. 2d 69 (1994)
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Rule of Law:
Domestic Relations Law § 253 defines a "barrier to remarriage" to include the withholding of any voluntary act, such as providing a Jewish religious divorce (a Get), even if the branch of Judaism that solemnized the marriage does not formally require it, if the other party perceives a need for it to remarry.
Facts:
- The parties were married by a rabbi affiliated with the Reform branch of Judaism.
- The parties entered into a stipulation of settlement on February 22, 1993, which survived their divorce judgment.
- The court granted a judgment of divorce to the parties on April 2, 1993.
- The former wife sought to compel the former husband to furnish her with a Jewish religious divorce (a Get).
- The former husband contended that he was not required to provide a Get because Reform Judaism, under which their marriage was solemnized, does not require its adherents to obtain one.
- The former wife perceived herself to require a Get in order to remarry.
Procedural Posture:
- The parties' marriage was terminated by a judgment of divorce granted by the court on April 2, 1993, which incorporated their stipulation of settlement from February 22, 1993.
- The former wife (defendant) commenced an enforcement proceeding against the former husband (plaintiff) in June 1993.
- On September 2, 1993, the court granted the former wife's motion upon the former husband's default, providing enforcement relief for arrears, removal of barriers to remarriage, and counsel fees.
- Thereafter, the former husband moved to vacate his default.
- On November 22, 1993, the court conditionally vacated the former husband's default upon payment of $750 in costs to the former wife.
- The former husband subsequently vacated his default by paying $1,200 (credited as $750 for costs and $450 for maintenance), allowing the court to rule on the pending motions.
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Issue:
Does Domestic Relations Law § 253, which requires parties to a matrimonial action to remove "barriers to remarriage," compel a former husband to provide a Jewish religious divorce (a Get) to his former wife, even if their marriage was solemnized by a Reform rabbi whose tenets do not formally require a Get, when the wife perceives the need for one to remarry?
Opinions:
Majority - David B. Saxe, J.
Yes, Domestic Relations Law § 253 compels a former husband to provide a Jewish religious divorce (a Get) to his former wife, even if their marriage was solemnized by a Reform rabbi whose tenets do not formally require a Get, when the wife perceives the need for one to remarry. The court found that DRL § 253 is applicable, particularly DRL § 253 (6), which defines a "barrier to remarriage" to include "any religious or conscientious restraint or inhibition... imposed on a party to marriage, under the principles held by the clergyman or minister who has solemnized the marriage, by reason of the other party’s commission or withholding of any voluntary act." The court reasoned that while Reform Judaism itself may not mandate a Get, the husband's withholding of this voluntary act constitutes a "barrier to remarriage" if the wife believes she needs it to remarry. The statute focuses on the "withholding of any voluntary act" that creates a barrier, not solely on whether the solemnizing clergy's specific tenets require the act.
Analysis:
This case significantly broadens the application of Domestic Relations Law § 253 in New York, clarifying that the "barriers to remarriage" provision extends beyond the explicit requirements of the specific religious denomination that solemnized the marriage. It establishes that a spouse's voluntary act, or the withholding thereof, can constitute a barrier if the other spouse perceives a need for it, regardless of the solemnizing clergy's specific tenets. This interpretation ensures that individuals are not left religiously "chained" to a former spouse, enhancing the enforceability of religious divorce provisions in civil courts. It solidifies the civil court's role in enforcing religious decrees where one party's actions impede the other's religious freedom to remarry.
