While everyone is entitled to a divorce in famly court, whether the other party consents or not, according to Halakha, Jewish law, a Get can only be secured with the cooperation of the Husband.
Obtaining a Get in family court can be very difficult, and will depend on the judge in the case and the Ketubah. It is in one’s best interest to have a pre-marital agreement that a Get may be secured if one party seeks a divorce.
While the case-law in this area is far from settled, some trial courts in the past have compelled Husbands to provide their Wives with a Get. See Giladi v. Giladi (App. Div. 1992, unpublished). The only published Appellate Division case that contains a thorough discussion about Gets is Mayer-Kolker v. Kolker, 359 N.J. Super. 98 (App. Div. 2003), which confirmed that trial courts have not been in accord with the authority of the Court to compel a Get. In that matter, which addressed the contractual nature of a Ketubah, the Court specifically indicated that it “need not determine the limits of judicial authority in this field.” Id. at 103.
The language of the Ketubah will be important. A consultation with a lawyer is important so that you are aware of your rights.
