A Jewish divorce in New York runs on two tracks at once. The New York Supreme Court dissolves the marriage as a matter of state law and decides property, support, and custody. The Get — the religious divorce delivered through a Beis Din — dissolves the marriage under Jewish law. A couple is not fully divorced until both are complete, and families in Boro Park, Flatbush, Williamsburg, Monsey, and Kiryas Joel know how painful the gap between the two can become. This guide explains each track and, just as important, how New York law connects them.
The Civil Requirements
New York divorce requires grounds under DRL § 170 — today, most commonly the no-fault ground that the marriage has been irretrievably broken for at least six months — plus resolution of all economic and parenting issues, whether by agreement or by decision of the court. That means equitable distribution of marital property, spousal maintenance under the statutory guidelines, and child support under the Child Support Standards Act. For agreeing couples, an uncontested divorce resolves all of this on paper, on a fixed fee, without either spouse appearing in court.
The Religious Requirements
Under Jewish law, the marriage ends only when the husband gives — and the wife accepts — a Get, written and delivered under the supervision of a Beis Din. Without a Get, neither spouse is free to remarry within the faith regardless of what the civil judgment says, and the consequences of remarrying without one are among the most serious Jewish law knows. Our companion guide walks through the Beis Din process step by step.
How New York Law Bridges the Two
New York is unusual among the states in addressing the Get directly:
- DRL § 253 — the First Get Law (1983). Where the marriage was solemnized by a religious officiant, the plaintiff must file a sworn statement, before the final judgment is entered, that they have taken all steps within their power to remove barriers to the defendant's remarriage.
- DRL § 236(B) — the Second Get Law (1992). The court may, where appropriate, consider the effect of a barrier to remarriage when it decides equitable distribution and maintenance. A spouse who withholds a Get can pay for that choice in the financial outcome.
- Contract enforcement. In Avitzur v. Avitzur, 58 N.Y.2d 108 (1983), the Court of Appeals enforced a Ketubah's promise to appear before a Beis Din as an ordinary secular contract obligation. The same principle underlies the modern halachic prenuptial agreements now widely used, and the Get-cooperation clauses we draft into settlement agreements.
Getting the Sequence Right
Most disputes we see are not about whether both divorces will happen, but when. A civil case that races ahead of the Get can leave one spouse without leverage; a Get demanded before any financial terms are discussed can be used as a bargaining chip. The answer is usually a settlement agreement that ties the two together: designated Beis Din, defined cooperation obligations, and civil-case milestones sequenced against the religious process. That is drafting work, and it must be done with both systems in mind.
Frequently Asked Questions
Is a Get recognized as a divorce by New York courts?
No. A Get has no civil effect — it does not divide property or end the marriage under state law. Likewise, a civil judgment has no religious effect. You need both.
Can the Get be addressed in a prenuptial agreement?
Yes. Agreements that commit both parties to appear before a designated Beis Din are enforceable under Avitzur, and we regularly draft prenuptial and postnuptial agreements with religious provisions designed to prevent Get abuse before it starts. See our guide to prenuptial agreements in New York.
My spouse has the civil divorce but refuses the Get. What can I do?
Options may include enforcement of any Ketubah or agreement under Avitzur, relief connected to DRL §§ 253 and 236(B) where the case posture allows, Beis Din proceedings including a seruv, and negotiated resolution. The right path depends heavily on the documents you signed and where the civil case stands — speak with counsel experienced in both tracks.
Neuhaus & Yacoob LLC handles divorces involving religious requirements throughout New York City, Monsey and Rockland County, and Kiryas Joel / Palm Tree and Orange County. Call (718) 975-1123 for a confidential consultation.