Imposing a higher maintenance obligation on an Orthodox Jewish husband who refused to give his wife a religious divorce (“Get”) would violate constitutional protections. So held Orange County Acting Supreme Court Justice Catherine M. Bartlett in the January 13, 2017 decision in Masri v. Masri.
The parties married in 2002, separated in 2007 and have lived separate and apart since that time. They have 14 and 11 year-old children, the older one being disabled. The wife commenced the present action for a no-fault divorce March 8, 2016.
Since the separation, the wife has attempted without success to secure from the husband a “Get”, which she requires under Jewish law in order for her to remarry. The husband refused to participate in proceedings in 2012 before a Rabbinical Court, asserting that the wife had waived her right to rabbinical arbitration by previously going to a secular court (the divorce judgment in which had been vacated). The Rabbinical Court advised the husband that he had no power to decide the issue of the wife’s alleged waiver on his own, and was required to arbitrate that issue before the Rabbinical Court. The husband refused to comply, whereupon the Rabbinical Court declared him to be a “Rabbinical Court evader.”