In what is being described as a crisis in the Texas and national Orthodox Jewish community, a married couple is not considered to be divorced until the husband allows the wife a “Get”, which is a religious recognition of their split. Regardless of what a family law or divorce court has ruled, other Orthodox Jews will view the couple as still married until this allowance has been made by the husband. This means that women who are legally unmarried cannot remarry or even enter a romantic relationship with anyone within that community.
One divorce attorney recently wrote in an article than one way to avoid this problem may be by undergoing mediation during the separation process and listed several advantages to this approach. First, she said, being dragged into court can make an Orthodox Jewish man feel publicly humiliated, and that may mean he’ll dig his heels in against anything his wife wants to do. Sometimes, a better solution may be to enter private mediation, where the husband’s pride won’t be in danger. This may make him more agreeable to the request for a get.
Another advantage she points out regarding mediation is that it allows creative options to be applied to each spouse’s particular needs instead of one-size-fits-all rules. This may also be helpful in gleaning a get from an Orthodox husband, since it allows for more options than does a divorce court. Moreover, in mediation, a professional is there with the couple, so any browbeating by either party will be discouraged.
Family law issues exist in all cultures and communities, from the most secular to the most conservatively religious. A property division dispute may be best addressed in court, although a mediator may be able to help both sides come together to make the split as amicable as possible.
Source: The Huffington Post , “5 Ways That Divorce Mediation Can Help Resolve the ‘Get’ Crisis“, Morghan Richardson , January 06, 2014