Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Jewish orthodox wife granted divorce after three-year battle

If a marriage comes to an end, the most common way of dissolving the relationship between the couple is by divorce. However, it is not always necessary to determine the specific terms and conditions of the divorce by way of litigation in a courtroom. For those who seek an alternative path, divorce mediation is quickly turning into an attractive opportunity. With this process, the couple employs the services of an impartial third-party mediator who promotes voluntary negotiation between the two parties regarding the terms of the divorce agreement.

By choosing this process, the parties involved in a divorce proceeding can save themselves considerable emotional stress that might otherwise accompany such a dispute. At the same time, they also can bypass the financial challenges posed by a prolonged process of litigation. Maintenance of confidentiality, low costs, expedited settlements and scope for mutually beneficial discussion have collectively made divorce mediation quite a popular option, especially in places like New York, where the number of divorces has been on the rise for quite some time.

A large number of divorce issues can be settled amicably between the parties in course of mediation that the traditional process may not succeed in achieving. An instance may be cited in the case where an Orthodox Jewish woman was married to a Rutgers law student and had been fighting with him to give her a religious divorce for over three years. Although a legal divorce had been processed in 2012, the ex-husband did not provide a religious divorce, which was deemed necessary by the woman's religious beliefs.

The husband was allegedly declining the divorce in order to exert control over the wife, but finally relented after a dispute spanning years. This example shows that merely granting a divorce may not settle all the disputes between the couple. Had both of them sought competent legal assistance by way of divorce mediation at the earliest stage, perhaps an amicable and expedited settlement might have been reached at a much earlier point in time.

Source: New York Post, "Orthodox Jewish woman finally gets her divorce after 3 years," Doree Lewak, Feb 5, 2014

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