Recently, several decisions have been released by the Appellate Division concerning when, where, how, and when a Court compel parties to submit to the authority of the Bais Din on
Continue Reading Compliance with Agreement to Submit to Bais Din’s Jurisdiction on the Issue of Get Not Optional, Appellate Division Rulesdayan
New Bill – A1475 – Offers a Potential Avenue for Legal Relief to Victims of Get Refusal
By Eliana Baer on
My recent blog post, Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement, discussed the constraints faced by secular courts in the context of…
Continue Reading New Bill – A1475 – Offers a Potential Avenue for Legal Relief to Victims of Get RefusalAppellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement
By Eliana Baer on
Get refusal is an issue to which secular courts have yet to find an adequate solution because of constraints implicating freedom of religion and the state’s prohibition against entanglement with…
Continue Reading Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent AgreementReligious Coercion is Legal Duress
By Eliana Baer on
Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a…
Continue Reading Religious Coercion is Legal DuressProhibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din
By Eliana Baer on
Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing…
Continue Reading Prohibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din