At a glance
- For Jewish spouses who need both a New York civil divorce and a Get, and for couples planning a halachic prenup.
- We plan the timing of both processes, draft Get and Beis Din terms into settlement agreements, and prepare the DRL § 253 sworn statement.
- New York law: DRL § 253 (removal of barriers to remarriage) and DRL § 236(B)(5)(h) and (6)(o), which let a court consider a barrier to remarriage in property and maintenance decisions.
- If your divorce is uncontested, our fixed fees of $1,500 to $2,500 apply (court filing fees not included).
- Consultations by phone or video for clients in Brooklyn, Monsey, Kiryas Joel and across New York.
Two processes: the civil divorce and the Get
For a Jewish couple, ending a marriage usually involves two separate processes. The civil divorce is granted by the New York Supreme Court, which also decides property, support and parenting issues. The Get is the Jewish bill of divorce, given by the husband and accepted by the wife under the supervision of a Beis Din (rabbinical court).
Neither process completes the other. A civil judgment does not end the marriage under Jewish law, and a Beis Din ruling does not end the civil marriage. In 2026 the Appellate Division, Second Department, held that a beth din’s declaration that a couple’s ketubah was void did not dissolve their civil marriage (T.I. v. R.I., 2026 NY Slip Op 01344 (2d Dep’t 2026)). We plan both tracks together so neither spouse is left waiting on the other.
New York’s Get law: the sworn statement on barriers to remarriage
Domestic Relations Law (DRL) § 253 applies when the marriage was performed by a member of the clergy, a minister or another officiant listed in DRL § 11(1), whether the wedding took place in New York or elsewhere. In plain terms, the spouse who files for divorce must confirm under oath that he or she has done what is within his or her own power to remove barriers to the other spouse’s remarriage.
| Who | What DRL § 253 requires |
|---|---|
| The plaintiff (the spouse who files) | The verified complaint must allege that the plaintiff has taken, or will take before the final judgment, all steps solely within his or her power to remove any barrier to the defendant’s remarriage, or that the defendant has waived this in writing (§ 253(2)). Before the final judgment, the plaintiff must file and serve a sworn statement that those steps have been taken, or that the defendant waived the requirement in writing (§ 253(3)). |
| Both spouses | In a divorce based on living apart under a judgment of separation or a separation agreement (DRL § 170(5) or (6)), where the defendant appears and does not contest, both spouses must file and serve sworn statements (§ 253(4)). |
| A spouse who waives | The written waiver must be filed with the court before the final judgment is entered (§ 253(5)). |
| The officiating clergy member | If the clergy member who performed the marriage certifies under oath that the plaintiff has not taken all steps solely within his or her power, no final judgment may be entered, provided the clergy member is alive, available and competent to testify (§ 253(7)). |
The statute defines a “barrier to remarriage” to include “any religious or conscientious restraint or inhibition” that the spouse is aware of, imposed under the principles of the officiant who performed the marriage, because of the other spouse’s act or refusal to act (§ 253(6)). It is not a barrier if the spouse cannot remove it by his or her own voluntary act, or if removing it would cost money and the other spouse refuses reasonable reimbursement. The required “steps” do not include applying to a religious tribunal that has authority to annul or dissolve a marriage. The full text is on the New York State Senate website.
When a Get is withheld: DRL § 236(B)(5)(h) and (6)(o)
A 1992 amendment added a second set of provisions to New York’s financial rules. Today they appear in DRL § 236(B)(5)(h), which governs equitable distribution of marital property, and DRL § 236(B)(6)(o), which governs post-divorce maintenance. Each directs the court, “where appropriate,” to consider the effect of a barrier to remarriage, as defined in § 253(6), on the factors it weighs in dividing property or setting maintenance.
These provisions give the court discretion; they do not dictate a result. The Second Department upheld a provision increasing a wife’s maintenance by $100 a week to offset the economic consequences of the husband’s refusal to give a Get, holding that it was not an impermissible interference with religion (Mizrahi-Srour v. Srour, 138 A.D.3d 801 (2d Dep’t 2016), citing the provision then numbered § 236(B)(6)(d)).
By contrast, a trial court in Orange County declined to increase maintenance where the husband invoked religious grounds for not giving a Get and there was no evidence he was withholding it to extract concessions, concluding that doing so would violate the First and Fourteenth Amendments (Masri v. Masri, 55 Misc. 3d 487 (Sup. Ct., Orange County 2017)). How these provisions apply depends on the facts and the court, which is one reason written agreements matter.
Agreements that address the Get
Halachic prenups
A halachic prenup is an agreement, signed before the wedding, in which both spouses agree that disputes about the Get will be decided by a designated Beis Din. Widely used forms, such as the Beth Din of America’s, also include a daily support obligation intended to discourage withholding a Get, and there are versions for couples who are already married. New York’s highest court has held that a ketubah’s promise to appear before a Beis Din can be enforced as a secular contract obligation under neutral principles of law (Avitzur v. Avitzur, 58 N.Y.2d 108 (1983)).
Because a court may one day be asked to enforce it, a halachic prenup should be signed with the formalities New York requires for marital agreements: in writing, signed, and acknowledged like a deed (DRL § 236(B)(3)). It can be signed alone or together with a financial agreement; see our prenuptial agreement page and our guide to agunah prevention and the halachic prenup.
Settlement agreements
When the civil case settles, the settlement agreement can address the Get directly. Terms to consider include:
- which Beis Din will handle the Get;
- when each spouse will appear and cooperate, measured against milestones in the civil case;
- who pays the Beis Din’s fees;
- how the § 253 sworn statements or written waivers will be handled; and
- what happens if a deadline is missed.
Get terms should be worked out with the Beis Din or the parties’ rabbinic advisors, because how a Get is arranged matters under Jewish law. The agreement itself must be signed and acknowledged (DRL § 236(B)(3)), and any child support terms must contain the recitals the Child Support Standards Act requires (DRL § 240(1-b)(h)). For a step-by-step look at the religious process, read the Beis Din divorce process in New York.
Timing the Get with the civil judgment
New York law does not require the civil case to finish before the Get; § 253 itself looks to steps taken before the final judgment. The arrangement to avoid is a signed civil judgment with the Get unresolved and nothing in writing about it. For typical timelines and fees on the religious side, see how long a Get takes and what a Get costs. A practical sequence:
- At the start, confirm who performed the marriage, whether § 253 applies, and which Beis Din each spouse would accept.
- Agree on the Beis Din and the Get terms as part of the settlement.
- Schedule the Get relative to the date the judgment papers will be submitted.
- File the § 253 sworn statement, or the written waiver, with the papers for judgment.
- Keep the Beis Din’s certificate confirming the Get with your copy of the judgment.
What a civil court can and cannot do
A New York court can enforce secular promises, such as an agreement to appear before a designated Beis Din (Avitzur). It can also refuse to enter a final judgment until the § 253 requirements are met and, where appropriate, weigh a barrier to remarriage in dividing property and setting maintenance.
A court cannot grant a Get, decide a religious question, or look into the truth of a § 253 statement except in a prosecution for a false statement (§ 253(8)–(9)). Custody and parenting time are decided by a court on the child’s best interests, not by binding Beis Din arbitration; see Beis Din arbitration and settlements.
Serving Brooklyn, Monsey, Kiryas Joel and the New York area
Neuhaus & Yacoob LLC is at 195 Montague Street in Brooklyn. A New York divorce is filed in the Supreme Court of a county where either spouse lives or, if there are minor children, where a child lives (CPLR 515), so families in Monsey generally file in Rockland County and families in Kiryas Joel in Orange County. See our Monsey and Kiryas Joel pages.
Joel Yacoob personally handles every matter and is admitted in New York and New Jersey. Consultations are available by phone or video, and the office is open Monday through Friday, 9 a.m. to 7 p.m. To begin, start your case online or call (718) 975-1123.