Divorce and the Marriage of Law and Religion Comment on Bruker v. Marcovitz
Supreme Court Law Review, Vol. 42, pp. 37-62, 2008
14 Pages Posted: 20 Jun 2011
Date Written: 2008
Abstract
At the time of their civil divorce, Mr. Marcovitz and Ms. Bruker entered into an agreement concerning custody, access, division of property and support. Their agreement also included an undertaking by each to appear before the Beth Din (rabbinical court) for the purpose of obtaining a get, or divorce, under Jewish law. For their marriage to be dissolved under Jewish law, it was necessary for Mr. Marcovitz to provide, and Ms. Bruker to accept, a “bill of divorce”, or get. Without a get neither party could remarry in the faith, and any subsequent intimate relationship entered into by either of them would be considered adulterous and any children born of that relationship would be viewed a illegitimate.
Keywords: Jewish Law, Get, Marriage, Marcovitz, Bruker, Beth Din, Rabbinical Court
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