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Victor v. Victor (Ariz. Ct. App. 1593) FACTS = Husband and wife signed ketubah before marriage in which husband promised to support wife in accordance
Victor v. Victor (Ariz. Ct. App. 1593) FACTS = Husband and wife signed "ketubah" before marriage in which husband promised to support wife in accordance with Jewish law. At their divorce, husband refused to obtain a "Get", or religious divorce, from rabbinical tribunal. Without a Get, wife could not remarry within Orthodox Judaism. An Orthodox Jewish couple signed a ketubah before they got married. This is common and is a kind of commitment to live by Jewish values. They married, but they are now divorcing. The wife wants to court to compel the husband to contain a "Get", which is essentially permission from a tribal court for a religious divorce to be entered. Without the "Get"/religious document, the wife would not be considered divorced under Jewish law and, thus, would not be free to remarry. o PROCEDURAL HISTORY = Wife is seeking an order to compel the husband to grant a "Get". The wife is in civil court asking the court to compel her husband to do this so they can get a complete divorce. The court in Arizona stated they were uncomfortable with the notion of forcing the husband to perform a religious act. These questions are arising more and more frequently within the US both from Orthodox Jewish communities, where there's a religious component to divorce, and also in Muslim communities where there may be a religious tribunal court where the parties want to utilize that one party wants the divorce and another party doesn't want the divorce. Thus, they go to civil court to try to compel them to allow them to use the religious tribunal
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