Court Crosses Constitutional Line by Ordering Husband to Give Get

Case: Lowy v. Lowy, N.J. Super. Ct. App. Div., Dec. 21, 2011.

Facts: The parties were divorced in 2004, pursuant to a divorce judgment which, by agreement, incorporated the decision of a beis din. The beis din‘s decision addressed issues such as child custody and visitation, education of the children, and financial matters. Also included in the beis din‘s decision was the following provision:

If the arrangements for a Get will be made between Plaintiff [wife] and Defendant [husband], Plaintiff shall pay for Get fees incurred.

After the divorce, the wife filed a motion in the New Jersey family court seeking to compel the husband to provide her a get. The court granted the motion and ordered that: