Martin Friedlander, P.C. represented a Wife who has been fighting for her religious divorce (“Get”) since 2012, in a recently decided case before the Honorable Judge Debra Silber. Martin Friedlander, P.C. successfully argued for the Court to apply New York's second “Get Law,” Domestic Relations Law 236(B)(h), which can be instrumental even in cases where assets are limited. In this case, for instance, Judge Silber applied the Get Law by laying out a two-tier award for equitable distribution in her 128-page decision.
The Court specified that one tier would apply if the Husband agreed to grant a Get to the Wife within ninety days of the date of the decision, and the other tier would apply if Husband did not grant a Get within the allotted amount of time. The Court determined that continued Get-refusal by the Husband would result in him forfeiting his right to a distributive award, and as such, the second tier grants no distributive award to the Husband.