What Is a Get, and Why Does It Matter in a New York Divorce?
A Get is the Jewish bill of divorce. Under Jewish law, a divorce takes effect when the husband gives a Get and the wife accepts it, usually before a beis din (also spelled beth din), a rabbinical court. Customs differ between communities, and questions of Jewish law belong with your rav or the beis din.
A New York judgment of divorce ends the marriage under civil law but not under Jewish law. When one spouse will not give or accept a Get, the other may be civilly divorced yet unable to remarry within the faith. A woman in that position is often called an agunah, or “chained” woman.
New York’s First Get Law: DRL § 253 (1983)
DRL § 253, “Removal of barriers to remarriage,” was enacted in 1983. It never mentions the Get; its neutral terms apply to marriages performed by clergy of any faith. Read the full text on the State Senate website.
Which Marriages Does § 253 Cover?
Section 253 covers only marriages solemnized, in New York or elsewhere, by a person described in DRL § 11(1): a “clergyman or minister of any religion” or a leader of certain Ethical Culture societies. A marriage performed only by a judge, a city clerk, or another civil officiant is outside the statute.
What the Plaintiff Must Allege and Swear
The spouse who starts the case (the plaintiff) must allege in the verified complaint that, to the best of his or her knowledge, he or she has taken or will take before 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 (DRL § 253(2)).
Before final judgment, the plaintiff must file and serve a sworn statement that he or she has taken all such steps, or that the defendant waived the requirement in writing; otherwise no final judgment of divorce or annulment may be entered (DRL § 253(3)). A written waiver must be filed before judgment (DRL § 253(5)). In an uncontested divorce, the statement goes on the court’s Form UD-4.
When Both Spouses Must File
In a divorce based on DRL § 170(5) or (6) (living apart under a judgment of separation or a written separation agreement) in which the defendant appears and does not contest the relief, both spouses must file and serve sworn statements unless waived in writing (DRL § 253(4)). Otherwise, the statement is the plaintiff’s alone.
What Counts as a “Barrier to Remarriage”?
Under DRL § 253(6), it includes “any religious or conscientious restraint or inhibition,” known to the person making the statement, imposed under the principles of the clergy member who performed the marriage “by reason of the other party’s commission or withholding of any voluntary act.” In a Jewish marriage, that is usually a Get not given or not accepted.
A restraint that the party’s voluntary act cannot remove is not a barrier, and neither is one whose removal would cost the party money if the other spouse refuses reasonable reimbursement. The required steps do not include applying to a religious tribunal that can annul or dissolve a marriage, and no one has to consult a member of the clergy to find out whether a barrier exists.
Safeguards: The Officiant, Religious Questions, and False Statements
No final judgment may be entered if the officiating clergy member certifies under oath that the plaintiff has failed to take all steps solely within his or her power to remove all barriers to the defendant’s remarriage, provided the officiant is “alive and available and competent to testify” (DRL § 253(7)).
Section 253 does not authorize any court to “inquire into or determine any ecclesiastical or religious issue,” and the truth of a § 253 statement is not judicially examined except under the false-statement provision (DRL § 253(9)). Knowingly filing a false statement is making an apparently sworn false statement in the first degree (DRL § 253(8)), a class E felony (Penal Law § 210.40).
The Gap in the First Law
Outside the uncontested separation-based cases described above, the sworn statement is the plaintiff’s obligation, so § 253 does not reach a defendant who withholds a Get. As the Appellate Division, Second Department held in Cohen v. Cohen, 172 A.D.3d 999 (2d Dep’t 2019), “Domestic Relations Law § 253 does not provide that a defendant in an action for divorce, where the marriage was solemnized by a member of the clergy or a minister, must provide the plaintiff with a Get.”
New York’s Second Get Law: The 1992 Barrier-to-Remarriage Provisions
In 1992, the Legislature amended DRL § 236(B), which governs property division and maintenance. In the current text of DRL § 236, the provision appears twice:
| Issue | Provision | What it says |
|---|---|---|
| Equitable distribution | DRL § 236(B)(5)(h) | The court “shall, where appropriate, consider the effect of a barrier to remarriage” (as defined in DRL § 253(6)) on the factors in DRL § 236(B)(5)(d). |
| Post-divorce maintenance | DRL § 236(B)(6)(o) | The same direction, applied to the factors in DRL § 236(B)(6)(e). |
| Temporary maintenance | DRL § 236(B)(5-a) | No parallel provision. |
These provisions apply no matter which spouse filed. They set no formula or fixed penalty: the court considers how the barrier affects factors it already weighs, such as each spouse’s probable future financial circumstances, and only where appropriate.
The 1992 amendment has been criticized on constitutional grounds, including under the First Amendment’s religion clauses (see Lisa Zornberg, Beyond the Constitution: Is the New York Get Legislation Good Law?, 15 Pace L. Rev. 703 (1995)).
Limits: What a Civil Court Will Not Do Under the Get Laws
- No order to give a Get. In Cohen, the trial court had directed a husband to provide a Get before receiving any distribution of marital property. The Second Department deleted that directive and vacated the penalties tied to it.
- No order to accept a Get without an agreement. In A.W. v. I.N., 66 Misc. 3d 742 (Sup. Ct., Nassau County 2020), a husband sought an order directing his wife to appear before a beis din and accept a Get, and conditioning her $100,000 retirement-account distribution on removing barriers to his remarriage. The couple had a civil wedding and no agreement about a Get. The court denied the motion, holding that ordering her into a religious ritual she had not agreed to would violate the First Amendment.
- No religious rulings. The court does not decide what Jewish law requires (DRL § 253(9)).
- No help after the fact. These laws work while the divorce is pending, so raise the Get at the start of the case.
Contracts That Address the Get
In Avitzur v. Avitzur, 58 N.Y.2d 108 (1983), the Court of Appeals held that a ketubah’s agreement to appear before a beis din is enforceable as a secular contractual obligation under neutral principles of contract law.
A halachic prenup, usually signed before the wedding, commits the couple to resolve Get-related disputes before a designated beis din. It is designed to be enforceable as a contract and arbitration agreement, and it is separate from a financial prenup. See how the halachic prenup helps prevent agunah cases and how to sign one correctly in New York.
A settlement agreement can name the beis din, set appearance deadlines, and say who pays the beis din’s fee. To be enforceable in a matrimonial action, it must be in writing, signed, and acknowledged (DRL § 236(B)(3)).
The Beis Din Process and Religious Arbitration
The beis din schedules the appearance, a scribe writes the Get, and it is delivered and accepted before the beis din and witnesses; customs vary. Our guide to the Beis Din divorce process walks through the steps.
Spouses can also agree to have a beis din arbitrate financial disputes. Written arbitration agreements are enforceable under Civil Practice Law and Rules (CPLR) 7501, and the Second Department has enforced an agreement to arbitrate before a beth din (Friedman v. Friedman, 34 A.D.3d 418 (2d Dep’t 2006)). Custody is not subject to binding arbitration (Glauber v. Glauber, 192 A.D.2d 94 (2d Dep’t 1993)).
An award may be confirmed on application made within one year after delivery (CPLR 7510); an application to vacate or modify is due within 90 days after delivery (CPLR 7511). See enforcing a Beis Din award under CPLR Article 75.
How Long Does a Get Take, and What Does It Cost?
With cooperation, timing depends mostly on the beis din’s schedule; without it, the process can take much longer. Each beis din sets its own fees, so confirm the current fee directly and say in the settlement who pays. See how long a Get takes and what a Get costs in New York.
Practical Steps If a Get Is Part of Your Divorce
- Tell your lawyer early that a Get will be needed, and who performed the marriage.
- Gather the ketubah, any halachic or financial prenup, and any arbitration agreement.
- If you are the plaintiff, understand your § 253 statement before signing; a knowingly false statement is a crime.
- If you are the defendant in an uncontested case, note that Form UD-7 has an optional box waiving the § 253 requirements. Do not check it without legal advice.
- Write the sequence of the Get and the civil judgment into the settlement.
- Keep records of every beis din summons (hazmana) and response.
Frequently Asked Questions
What does DRL § 253 require?
When a clergy member or Ethical Culture leader performed the marriage, the spouse who files for divorce or annulment must file a sworn statement before final judgment that he or she has taken all steps solely within his or her power to remove barriers to the other spouse’s remarriage, after alleging in the verified complaint that he or she has taken or will take those steps. The other spouse may waive the requirement in writing.
Can a New York court order my spouse to give a Get?
Neither of New York’s Get laws authorizes a court to order a spouse to give or accept a Get, and DRL § 253 does not authorize courts to decide religious questions. The Appellate Division, Second Department has struck a judgment provision directing a husband to provide a Get. Courts can enforce secular promises, such as an agreement to appear before a beis din, and can weigh a barrier to remarriage in property and maintenance decisions.
Does DRL § 253 apply if a judge or clerk married us?
No. Section 253 applies only to marriages solemnized by a person described in DRL § 11(1), which covers a clergyman or minister of any religion and the leaders of certain Ethical Culture societies. A marriage performed only by a judge, a city clerk, or another civil officiant is outside the statute.
Does a withheld Get affect property division or maintenance in New York?
It can. Under DRL § 236(B)(5)(h) and (6)(o), the court must, where appropriate, consider the effect of a barrier to remarriage on the factors it weighs in dividing marital property and setting post-divorce maintenance. There is no formula or fixed penalty, and temporary maintenance has no parallel rule. The weight depends on the facts.
If your divorce involves a Get, Joel Yacoob can help you plan the civil case and the religious process together, from the § 253 statement to settlement terms that name the beis din. Learn more about our Jewish divorce and Get practice, or start your case online. Consultations are by phone or video; call (718) 975-1123.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. The law changes and every situation is different; consult a lawyer about your own circumstances.
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