Eliana Baer

Fox Rothschild LLP

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A Big Win for Get Advocate as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment

In what has been touted as a monumental victory for Agunot in New Jersey, yesterday, the Appellate Division released a decision stating that a video publicizing a husband’s Get refusal is protected by First Amendment...more

9/8/2023 / Appellate Courts , Divorce , First Amendment , Heritage & Culture , Marriage , Motion for Reconsideration , Religious Beliefs , Spouses

Compliance with Agreement to Submit to Bais Din’s Jurisdiction on the Issue of Get Not Optional, Appellate Division Rules

Recently, several decisions have been released by the Appellate Division concerning when, where, how, and when a Court compel parties to submit to the authority of the Bais Din on Get-related issues. My February, 2023 blog...more

9/5/2023 / Appellate Courts , Arbitration , Child Support , Divorce , Heritage & Culture , Jurisdiction

Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement

Get refusal is an issue to which secular courts have yet to find an adequate solution because of constraints implicating freedom of religion and the state’s prohibition against entanglement with religious doctrine. In New...more

2/20/2023 / Appellate Courts , Arbitration , Arbitration Agreements , Divorce , Freedom of Religion , Heritage & Culture

Mistakes Happen: How The Law Treats Mistakes In Marital Settlement Agreements

What happens when you make a mistake? You correct it and move on. What happens when you make a mistake in your divorce settlement agreement? Can you correct it and move on? Well, maybe not. There is a mechanism...more

2/10/2021 / Appellate Courts , Divorce , Equitable Distribution , Final Judgment , Settlement Agreements , Stocks

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