Latest / Tribe and Tribulations With Julia Makowsky / Divorce Decoded: What They Don't Tell You About Religious Courts, Prenups, and Your Rights
Transcript
- 0:01I wanted to do this episode because I felt that until you are in a situation, you have no information.
- 0:10So today we're talking about divorce, whether it's in the secular court system or the religious court system.
- 0:18We need the information and not based on social media clicks and but based on fact.
- 0:25So I brought in a toan and I brought in an attorney who specialize in this field because honestly, I have no idea about any of this.
- 0:38The only thing I know is based on social media.
- 0:41And I know that's like terrible and seems like so irresponsible, but I haven't had, thank God, the need to know.
- 0:50But I think that it's important for all of us.
- 0:52So I would like to start with just what the basics are when you decide to get divorced.
- 1:01That is the first step.
- 1:02So Carly, can you take it over a little bit?
- 1:06Sure.
- 1:08So my name is Carly Krasner-Lazarson, and I am a matrimonial or divorce attorney.
- 1:15I practice in New York.
- 1:16I'm a partner at a firm here in the city in Midtown called Shemtab Moss Foreman and Beta.
- 1:23I've been doing this for about 15 years.
- 1:26And so what does it look like to get divorced?
- 1:30Let's say you decide tomorrow, I want out.
- 1:34I'm done.
- 1:35I can't do this anymore.
- 1:38I'm a religious Jew, but I don't know what my next steps are.
- 1:41I know that you need to go to Bayston.
- 1:43I know that you need to get a lawyer.
- 1:45But I have no information.
- 1:47What do I do?
- 1:48What's my first call?
- 1:52Have we already exhausted all of the pre-divorce steps?
- 1:56We've tried marriage counseling.
- 1:57We've done therapy.
- 1:58We've done all the things.
- 1:59We've talked to our rabbi.
- 2:00We've done all of those things.
- 2:01We have talked to a rabbi, let's say.
- 2:05But I want a divorce.
- 2:07I decided I want a divorce.
- 2:09Not me.
- 2:09Not me.
- 2:10Let's make that very clear.
- 2:12One might want a divorce.
- 2:14Um, your first step after all of what I will call the pre-steps or the conditions precedent
- 2:21would be to call an attorney.
- 2:24You need to speak to an attorney, explain the situation, um, whether you have children,
- 2:30don't have children, how old your children are, if there are any special circumstances
- 2:36regarding your children, mental health issues, maybe special needs, or if you're blessed and
- 2:45there are none of those issues.
- 2:48And then you also need to get what I would call your financial ducks
- 2:51in a row.
- 2:52And so you need to speak to an attorney to fully explain your financial situation and so
- 2:58that they can best advise you on what you need to do to get the ball rolling.
- 3:02Okay.
- 3:03Danielle, for you, is it different in Bezden preparing somebody?
- 3:11So it's an interesting question because it really depends.
- 3:16Bezden is not for every couple,
- 3:18not for every divorce.
- 3:21If there is a situation where it's a high net worth case, for example,
- 3:26the first thing I'm doing is calling an attorney.
- 3:28If someone comes into my office,
- 3:30let's say before they call an attorney and they say, listen, I, I want to get divorced.
- 3:35I don't know what my route should be.
- 3:36I don't know what my strategy should be.
- 3:37I don't know
- 3:38what to do.
- 3:38Can you sit down with me and explain to me what to do next?
- 3:42So I'll sit down with them.
- 3:44I'll look through their financials, you know, their situation with their children, um, assets,
- 3:53all of it.
- 3:54And if it's an example, like, like I said, a high net worth situation where
- 4:00in Besden, for example, alimony is not on the table, the first thing I'm doing is calling an
- 4:06attorney and making sure that my client is secure in the fact that they get alimony.
- 4:13What is your role exactly?
- 4:15What does a tow-in do?
- 4:18So my role is, I mean, I guess the best way to explain it
- 4:23without sounding like I'm pretending to be an attorney is, which is a crime,
- 4:29is to, um, basically kind of like a lawyer, but in the Jewish world.
- 4:35So I represent my clients in Besdan, which is the Jewish courts.
- 4:40Um, also a mediation.
- 4:43Um, sometimes, you know, there's different ways people handle it.
- 4:47Sometimes it's towing to towing.
- 4:49For example, if someone's getting divorced, they don't want to go into Besdan.
- 4:54They don't want to
- 4:54go into mediation.
- 4:56They want to keep things amicable.
- 4:57They don't want to have, you know,
- 5:00a full out war.
- 5:01Sometimes what my client and I will do is make lists.
- 5:05What's a non-negotiable?
- 5:07What's a negotiable?
- 5:08You know, what's our bottom line?
- 5:10What we're willing to give up?
- 5:12And the other talent and I will negotiate a divorce agreement.
- 5:17How often is it run seamlessly versus chaotically?
- 5:22And I'm talking to both of you because
- 5:24what I see online is pure chaos, honestly.
- 5:27And I guess those are the most extreme cases because
- 5:30those are the most like exciting to post online, but it never seems to run so smoothly.
- 5:38It always
- 5:38seems chaotic.
- 5:40Well, I think that that's because it wouldn't be interesting or exciting to see
- 5:45something online that runs smoothly or something that is amicable isn't as exciting.
- 5:52So you
- 5:53wouldn't see it online.
- 5:54So for me, my preference is always to try and settle a case.
- 6:01And so there
- 6:01are some cases that can be resolved completely outside of court where both sides have attorneys
- 6:07and the attorneys will negotiate an agreement and the parties never see the inside of a courtroom.
- 6:13It could take, depending on, you know, if it's a high net worth case, which is, you know, more my
- 6:19bread and butter.
- 6:22Negotiating a settlement, even in the most amicable of cases, if there are complex
- 6:26financials, that can take, you know, a year.
- 6:30There could have to be business valuations
- 6:33and other financial discovery that has to be done so it could take time.
- 6:38So the preference is always to try and settle cases and keep it amicable, especially if there
- 6:42are children, because the two parents are going to be involved in each other's lives, whether they
- 6:48like it or not for a very long time.
- 6:51But there's a lot of cases where that's not possible.
- 6:55And so
- 6:55that's really where you see things on social media and online, because those are the juicier,
- 7:00more exciting cases because there's more drama.
- 7:03In the religious court system, is there
- 7:08incentive to be posting things online or is it a disservice to your client?
- 7:16So it depends on the situation.
- 7:17I mean, just last week, I posted that Atoni and I had two Zooms, and we knocked out a divorce agreement, which is unheard of.
- 7:26It was done in two hours.
- 7:29They wanted to preserve the relationship, keep it amicable.
- 7:33They said, just get it done.
- 7:35Happened to have been a wealthier family.
- 7:39they already pre-agree you know because if you're working outside the bezden system
- 7:43but it's still toined and they agree okay we're going to do alimony in that way that was
- 7:49easier but in terms of online sometimes just to bring awareness i think a big issue in the
- 7:57community whether you're modern to hasidish is that it's such a taboo so i think that i like
- 8:06to post things so people realize they're not alone.
- 8:08I know when I got divorced, I was very,
- 8:10very young.
- 8:12I didn't know anybody else my age that was divorced.
- 8:15I didn't, it was, I mean,
- 8:16I got divorced.
- 8:17My oldest is 16 and he was three.
- 8:21So I didn't even know anybody unless they were
- 8:24really like old, like my parents who were divorced, you know?
- 8:26So I think a lot of what
- 8:28motivates me personally to post is that they're not alone.
- 8:34They're not the only one going through
- 8:35this.
- 8:36And I think also to give education, if someone's not divorced, maybe their sibling is
- 8:41divorced.
- 8:41Maybe their good friend is divorced.
- 8:45It is an isolating thing to go through.
- 8:47But also
- 8:48there are so many people who are told you don't need a towing who are in the best in system or
- 8:52the religious system.
- 8:53You don't need anybody to represent you.
- 8:55And they get royally screwed
- 8:57because they believe that.
- 8:59So I want to show this is what,
- 9:03what does that mean like I asked Carly what it like means to have like what are the first steps
- 9:09for you what are the first steps like it I wouldn't even know who to call a rabbi would
- 9:14say you would need a need a toe in or like what would I do because if I'm just coming in blind
- 9:19I've never been to a based in before I've never had any of this how would I even know what to do
- 9:24and what my steps are.
- 9:26It's a problem because people don't know.
- 9:30You would call a towing.
- 9:32They would sit down with you.
- 9:33Hopefully they would be honest with you
- 9:35and explain to you that,
- 9:36listen, this is a case that needs to be in court.
- 9:38Let me help you get a heterochise,
- 9:40which is a hetero to go to court.
- 9:43Okay, I didn't even know that existed
- 9:44until Carly said something this morning.
- 9:46And I was like, what are you talking about?
- 9:49Yeah.
- 9:49Explain exactly what that is.
- 9:51What does that even mean, a heterochise,
- 9:53in regards to this?
- 9:55So I don't know if I'll let Yael answer it because she deals with this a lot more.
- 10:00Go ahead, Yael.
- 10:02Well, I was just going to say that in many cases, if you need to go to court and you just go without getting a hater from a rabbi, the other side can summons you to court, to Besden, excuse me, and it can become a whole thing.
- 10:20I remember now Carly who we were talking to talking about on the right who we were on a
- 10:25call with and they were in a similar situation happens to be that that Besden is a rogue Besden
- 10:30that if this person gets a syrup it's it means that they're an honest good person like I would
- 10:35be thrilled um but in real life like other than that case you don't want a syrup it's not something
- 10:43that's comfortable or, you know, you don't want it.
- 10:49So it's important to get a heterochise
- 10:51to, so you can go to court.
- 10:54And that's something that, you know, I coordinate.
- 10:58So I want you to explain things to me like I am three years old, because really you're saying
- 11:04words and I have no idea what you're saying.
- 11:08And I, and as somebody who, listen, I grew up in the
- 11:13modern orthodox also i don't know what comes next and i think a lot of women and men until
- 11:22they're stepping in it do not know a thing we don't know about prenups we don't know about
- 11:27post-nups we don't know about any of this stuff because we we honestly we get married at 20 years
- 11:31old and we're thrown in a lot of times in the shidduch system or not in the shidduch system
- 11:37And you still don't know.
- 11:39So the concept is that if you are a from Jew, you are not supposed to go to the secular courts to resolve your disputes.
- 11:48You are supposed to go to a base in to resolve your dispute, whether it is a business dispute or a personal dispute.
- 11:56And so if you are going to get divorced and based in is not appropriate for your situation, for whatever reason, it can be a strategic reason.
- 12:04It can be, in my view, if there is serious domestic violence or very serious mental health or substance issues, things like that, you technically need permission to be able to go.
- 12:16So that's what Yael is referring to.
- 12:18Yes.
- 12:18Sorry.
- 12:19So when you go to Besden and you have the issues that Carly just listed, many times it's not to your advantage.
- 12:31And it depends on the case, of course.
- 12:34but many times court is the safest option for you.
- 12:37So if a client comes into my office and says, listen,
- 12:41I was in a terrible marriage.
- 12:43My husband was a molester, a pedophile,
- 12:47and he touched all of the kids and horrible, horrible.
- 12:52The first thing I'm doing is sending them to Carly's office.
- 12:55Why?
- 12:56Because there's so much to take care of
- 13:01that is not done in the Besden system.
- 13:04Many times I stay on the case,
- 13:07but I'm not dealing with it in Besden.
- 13:11It wouldn't be ethical to do that.
- 13:13But what I will do is call a Ruv,
- 13:16have a conversation with the Ruv,
- 13:18explain why this person cannot go to Besden
- 13:23and why it's unsafe for that person to go.
- 13:27and we take it from there um these days most Rabbanim and Dayanim are extremely
- 13:38not all of them of course some of them still live you know in the shtetls but they're usually
- 13:43pretty understanding um as especially domestic violence towards women they've they've thank god
- 13:50people are really opening their eyes to how dangerous it could be.
- 13:54And it is.
- 13:54So yeah,
- 13:57that's, you know, and that's pretty much how it goes.
- 13:59Listen, I recently just had a case now,
- 14:02it's actually still going on, that we got a Heterokais.
- 14:06The other side wanted me to share
- 14:08who the rabbi was who gave the Heter, because they didn't believe that there was, the Heter
- 14:13would be a good enough Hector.
- 14:15And this is a man whose child, they had one child, one child,
- 14:21and the other side would not allow her, allow him to see the child, no matter what.
- 14:26She enrolled
- 14:27the child in a new school, whole situation, horrible, horrible, horrible, horrible.
- 14:32It was
- 14:33a baby.
- 14:33She, he missed her first birthday.
- 14:35That is not a case that I would necessarily put in court.
- 14:39I mean, I'm sorry, in Besden, it would be a court situation because, hello, this is way above the Besden's purview.
- 14:48They did not believe.
- 14:49They sent me a hazmana to Besden, me personally, because they thought that I was making it up.
- 14:55It was the first time I actually ever got served to Besden.
- 15:00When it comes to things like this, you say like it's above Besden's pay grade.
- 15:05Okay.
- 15:06Right.
- 15:08How do I know what is above?
- 15:10And like, would these rabbis even agree that it's above their pay grade?
- 15:15Because honestly, there's ego involved in all of this, right?
- 15:18A judge has ego, a bastion has ego.
- 15:21We have egos.
- 15:22We all do, right?
- 15:22So are they self-aware enough to go, yeah, no, this is not a bastion issue.
- 15:30This is a civil court issue.
- 15:35So it depends on a few things.
- 15:36It depends on the rabbi.
- 15:37It depends on the rabbi and also who you call first.
- 15:45I mean, like if you call Carly, she's going to explain to you straight up like you can.
- 15:49This is a court situation.
- 15:50If you come to me, I will tell you straight up.
- 15:53This is something for court.
- 15:55I don't know that every towing would say that.
- 15:57Also, if you're in a certain sect of Judaism, depending on what it is, that might not be an option for you in general.
- 16:04It's very rare for them to go to court.
- 16:08But it really depends.
- 16:09It's so many variables.
- 16:10Carly, do you have the same experience?
- 16:12I do.
- 16:13So I think that, first of all, there's a lot of variables.
- 16:15But in my mind, the more extreme cases, and for right now I'm talking about not financial.
- 16:22I'm talking more like related to custody or related to mental health or substance issues
- 16:28or domestic violence issues.
- 16:30In my view, those are the more extreme cases.
- 16:32And when I say mental health, I mean real mental health.
- 16:34I'm not saying, oh, my husband's a narcissist or, oh, my wife is a narcissist.
- 16:38When you're getting divorced, everyone says their spouse is a narcissist.
- 16:41If you didn't think your spouse was a narcissist, you probably wouldn't be getting divorced.
- 16:45So when I say mental health, I mean real mental health.
- 16:47I mean bipolar that is undiagnosed, unregulated, unmedicated, schizophrenia, psychosis, borderline personality disorder that, you know, can bleed into substance issues.
- 16:59And mind you, these things, all of these mental health issues can be corrected and taken care of.
- 17:05As a therapist, I'm telling you that.
- 17:07It doesn't mean they go away, but if treated properly through medication, through therapy, through all sorts of avenues, you could have a healthy marriage.
- 17:18I want to make that abundantly clear.
- 17:20In these cases, they just don't have a healthy marriage.
- 17:23Maybe they're untreated or things like that.
- 17:25Correct.
- 17:26Or it's been so unregulated and unmanaged for so long that it's too far gone.
- 17:31Exactly.
- 17:31So in my view, the based in system can't handle those types of cases.
- 17:38And I don't mean to offend anyone when I say this, but it's because they don't have the
- 17:42firepower behind them.
- 17:43Right.
- 17:44So let's say there is a domestic violence situation and someone needs an order of protection.
- 17:50Right.
- 17:51If a party violates the order of protection, you call the police and they come and they
- 17:56arrest the person who violated it.
- 17:58The based in doesn't have, as far as I know, a similar concept.
- 18:02And like people are less scared of showroom than they are of the actual police.
- 18:07So they don't have that firepower behind them in terms of like substance and substance or alcohol abuse.
- 18:15I'm sure that if you are in based in, you could put in place all of the monitoring, right, privately that you would need to ensure that a parent who has had struggles, if they're committed to sobriety and moving their life forward can do right.
- 18:30You could put into place sober link or, you know, random drug testing, substance abuse, you know, neutral monitor.
- 18:38You could do all of that.
- 18:39But again, they don't have the firepower behind them necessarily where I think that the threat of a judge in a black robe and a court officer standing there sometimes is scarier to someone than three Dayanam in a bastion.
- 18:55It's interesting because I think the more religious you get, and I could be wrong, but they're like, but God's looking at you.
- 19:04They're the ultimate judge, right?
- 19:05That is kind of the argument that people have.
- 19:08They're like, but Hashem, he's the one making the rules and the bastion and all this stuff.
- 19:15But ultimately, I think that we are earthly beings and we we need consequences to actions like that are tangible rather than just this like, oh, Hashem will come correct.
- 19:29And the basin and day on him and all of this, I think it gets very sticky.
- 19:34Well, I also think that at least in New York and I know that Yael primarily right.
- 19:38You primarily practice in Jersey, right?
- 19:41No, I mean, I know everywhere.
- 19:42It's pretty equal.
- 19:44But it does depend.
- 19:46I'm sorry to cut you off.
- 19:47So in New York, a PSOC from a based in about custody is technically unenforceable.
- 19:55So you could go to based in for a custody issue and they can issue their PSOC like their decision.
- 20:02And both parties actually then really have to convert it to an agreement and sign it and have it notarized for it to actually be enforceable.
- 20:10So if you have a case where custody is contested and it's really contentious between the parties, I personally don't think it's a good idea to go to Bayston for that situation because if one of them is unhappy with the decision, which is inevitable, right?
- 20:26It happens in court too.
- 20:27Someone's always unhappy.
- 20:30A lot of times both people are unhappy.
- 20:32But if you're unhappy, you can just say, I'm not signing it.
- 20:35Like, I'm not agreeing.
- 20:36And then you've wasted all of this time and money in Bayston litigating the issue of custody because it's actually not enforceable.
- 20:42It's a public policy issue in New York.
- 20:44So I don't know how it works in New Jersey or in other states, but in New York, it's not enforceable.
- 20:50I have you know, I'm involved in a case now where a Bayston actually retained me to sort of formalize the PSOC on custody into a written agreement because those parties didn't know that it wouldn't be enforceable.
- 21:04and when the judge saw it he was like absolutely not i'm not i'm not signing off on this i don't
- 21:08think this is in the best interest of these children um and so and the courts have that power
- 21:14and so a lot of times in those highly contested custody cases at least in new york the parties
- 21:19have to be informed that it might not be the best place to go is based in for those custody issues
- 21:26either.
- 21:27So when they talk about the get as extortion, okay, or they're using it as collateral
- 21:35to get what they want in regards to money, in regards to custody, in regards to all of these
- 21:39things, right?
- 21:41How do you avoid that when you're competing with different court systems is what it
- 21:47feels like?
- 21:48How does that work, y'all?
- 21:49Well, it's actually interesting.
- 21:51I did want to say,
- 21:51just I wanted to touch on one thing I when you said you know but people you know from people
- 21:57like very from people say oh but god um god's watching I think more than anything it's the
- 22:03community that's watching it's not god it's not the police some people are not scared of the of
- 22:08a judge they're more scared of the die on them because that die-in might be a big figure in the
- 22:13community and that's more embarrassing than some random judge like they don't they don't care about
- 22:19You know what I mean?
- 22:20They care about what the community is going to say.
- 22:22So some people will listen.
- 22:24Just not that you should ever rely on that because one day someone could change their mind and not care and then you're screwed.
- 22:32But a big thing is the community and community pressure, which is kind of ties into your question about social media and posting.
- 22:43It's a big pressure.
- 22:46but in terms of the get the most the thing I tell my clients is the minute you care about
- 22:53the get is the minute becomes a bargaining chip if you take it off the table and say I don't care
- 23:01it loses its power the get is only as powerful as you allow it to be
- 23:07I have never heard that.
- 23:10It's 100% true.
- 23:12Why are we not blasting that on social media?
- 23:15Like, don't give the get the power.
- 23:18Why is that not talked about?
- 23:20So I think that one of the reasons, right, so if a man is going, so at least if you're in a divorce in a secular court system and it's a very contentious case and it's being litigated, that case could take three to five years from start to judgment if you're going to trial.
- 23:35It could be even longer, let's say, if you're in New York County, because for financial
- 23:39trials, the wait right now is very long.
- 23:42So men in that three to five year period or however long it's taking can go on a date,
- 23:49right?
- 23:49They're allowed.
- 23:50Women can't.
- 23:51So if a woman wants to move on, go on a date, meet someone, they're not allowed.
- 23:57So I think that that has a particular hold over women, like the desire to move on.
- 24:04I think the get also provides spiritual closure to someone.
- 24:08But the more someone says, like, I want my get, I want my get, I want my get, he hasn't
- 24:13given me my get, it gets into the other person's mind, this is what they really want.
- 24:18And when you're negotiating, right, because most cases don't go to trial.
- 24:22Most cases, even I would say probably 95% of my cases end up settling.
- 24:28Some of the 5% that go to trial, even a few of those end up settling on the steps of the courthouse at the beginning of trial, in the middle of trial.
- 24:36Right.
- 24:36So there's always negotiation that's happening.
- 24:41And if someone knows that this is the one thing that is so important to you, they know that they have it over you.
- 24:47If you say, OK, I'm going to get my get when I get my get, it's no longer as much of a bargaining chip.
- 24:54And at least in New York, because there is a get law, the divorce isn't – the judgment of divorce cannot be issued until a get is given.
- 25:02And the judges do have creative ways and powerful ways of ensuring that a get is given.
- 25:09It just is going to take time because it usually happens right before the case is over.
- 25:16And so that could take three years.
- 25:17That could take five years.
- 25:19So when you see stuff online, is it really just like are they using are they using the court system to manipulate the get or is it vice versa where like you're the get is just going to come when the court.
- 25:35I think it depends on it depends on a few things.
- 25:39So first in New York.
- 25:42Right now, listen, a get can be given at any time.
- 25:44It does not have to be given at the end of the case.
- 25:47And so there are people who say I'm not giving it until a settlement agreement is signed or right before when the case is over, right before a judgment divorce.
- 25:55That's when I'm going to give it.
- 25:57And that is being used as a bargaining chip.
- 26:00But with what Yael is saying, if you're like, OK, well, I can't get civilly remarried until I'm divorced, so I'm just not going to get religiously remarried or go on a date until my case is over, it's no longer the bargaining chip.
- 26:16I'm not saying it's fair or it's right.
- 26:18That is definitely not what I'm saying, and I don't want anyone to misinterpret that.
- 26:21I think that if someone wants their get, it should be given.
- 26:24I don't think it should ever be a bargaining chip.
- 26:27but if you no longer act like it's a big deal and it's not the elephant in the room to you
- 26:33it probably isn't going to be the elephant in the room to someone else do you feel that way also
- 26:39like i mean like it's so every day that we don't care about it's such an interesting thing because
- 26:45i actually heard somebody online she was in the middle of a divorce and she's like i literally
- 26:51don't care she's like i don't care about my gut and the minute i stopped caring she she's like a
- 26:58personality online she's like yeah i don't care i'll date non-jews sorry and i was like whoa that
- 27:04was a wild that's but that's but that's something that that's that is a strategic move that's
- 27:12something even if it's not a hundred percent true i'm a hundred percent fine you want to be
- 27:17responsible for her dating a non-Jew, go for it.
- 27:19It's your problem.
- 27:20You know, not mine.
- 27:21If you want
- 27:22to go to sleep at night knowing that you enabled somebody to not give a get and now they're going
- 27:27to go date non-Jews, honey, that's all you.
- 27:30Interesting.
- 27:31And that's on the man, right?
- 27:33Like if they're spiritually, that's on the man.
- 27:36There is like ramifications for them.
- 27:40But like there's, I mean, listen.
- 27:44Oh no, sorry, Carla.
- 27:45I was just going to say that
- 27:47I think also a big thing is there's differing opinions.
- 27:52So a big thing in the firm world these days is you give a woman a get the minute she asks for it, uncontested, just give it, unconditional, the minute she asks for it, you give it.
- 28:04But the problem is that there are different rabbinic opinions.
- 28:11And not everybody holds by every different opinion, right?
- 28:14I mean, what's the saying?
- 28:16Two Jews, three opinions.
- 28:18So we're a litigious people.
- 28:22Yes, we are.
- 28:27And I think that you also have to know your audience.
- 28:30You have to know who you're dealing with.
- 28:31You have to know the background.
- 28:33You know, it's hard whenever we answer questions like this,
- 28:36and I know I'm sure for Carly also,
- 28:37that everything is so dependent on whether we're dealing with somebody
- 28:41who's modern, Hasidic, Litvish, very, very, very Yeshivish, Rebish, you know, there's so,
- 28:50the spectrum, the variables don't, it's endless.
- 28:55It's endless.
- 28:56I have a Chabad client now who,
- 28:59her husband is a get refuser.
- 29:01I mean, there's no way to, no other way to put it.
- 29:03And the other
- 29:04side's towing said to me, you know how it's done.
- 29:07You're Chabad.
- 29:07You know that it's not done till
- 29:09after the get.
- 29:10That's not what's done here.
- 29:11Where's the rabbinic opinion on that?
- 29:13Because
- 29:13that's just been how it's done.
- 29:15That doesn't mean it's okay.
- 29:16I want topless.
- 29:17I want you to show me
- 29:18where it says that.
- 29:19If they were somebody from, if they were Heimish, for example, and Rob Belsky
- 29:24says it shouldn't be done, given before custody and financials are finished.
- 29:31Okay, give me that
- 29:32argument.
- 29:32That's a fair argument.
- 29:34I mean, I'm not going to accept it.
- 29:35I'm going to fight for my
- 29:36client anyway.
- 29:36I'm going to find every loophole under the sun, but at least give me something
- 29:40that means that holds its weight.
- 29:42But to say that's what's not done, that's not fair.
- 29:45That's
- 29:45not okay.
- 29:46Do you think that actually, because in the religious court system, we don't take,
- 29:54there's a, how do I phrase this without getting into trouble?
- 30:00we we focus on the morality of a person right that always comes into play and in the court
- 30:08system it's pretty black and white of like this is the law and this is what we're allowed and what
- 30:14is going on because there's sort of this nuance in the religious court system for people to
- 30:22it really is the court of public opinion at this point or rabbinic opinion do you think that
- 30:29how you present yourself
- 30:34like based on your morals and and religiosity affects the outcome of your case in baston
- 30:44it can it can it's a so this is a big part of what i do is figuring out which besin would be the best
- 30:51the best Besden for my client because every Besden is different.
- 30:55Every Besden is good for
- 30:56something else.
- 30:57It's not, I mean, I'm sure Carly has this with judges, not to this extent, of
- 31:01course, but you know, this judge might focus more on this or this judge tends to like this.
- 31:07And in my case, it's okay.
- 31:09This Besden is really, really, really good with abuse for women.
- 31:15they are trauma informed they understand um i'm saying if my client doesn't want to go to court
- 31:23or couldn't get a hetter and they and they won't go you know that kind of thing they understand
- 31:27we're going to go to this bezden now would i send a hazmana which is an invitation to bezden from
- 31:33that bezden that's a whole another conversation about halafas let's not go to halafas because i'm
- 31:39not, we're not even, I'm not, I'm not privy to any of that.
- 31:43I'm just saying there's a strategy.
- 31:45There's a strategy behind where we go and, and how we can use that to my client's advantage.
- 31:52So basically we, there's a little picking and choosing.
- 31:55And sometimes that is a strategy.
- 31:57Okay.
- 31:57So all of these things, they all play into the success of your client's outcome, right?
- 32:04And,
- 32:05and all of that.
- 32:07When we talk about prenups and postnups, do you recommend them or you don't
- 32:11recommend them?
- 32:12Always recommend.
- 32:13So actually, that's not fair.
- 32:15And I don't actually like to
- 32:16speak in absolutes.
- 32:17And I always tell my clients, if you're testifying, if you're signing an
- 32:20affidavit, the word always and the word never, never appear.
- 32:23Because when you find the one
- 32:25exception, your credibility can be destroyed.
- 32:30I think a prenup is usually a very good idea.
- 32:35in a lot of situations, but there are situations where a prenup is not needed.
- 32:41So I also see, and this is not even in the modern world these days, most modern Orthodox rabbis
- 32:49will not perform a wedding, right?
- 32:54They will not do it unless the halakhic prenup is signed.
- 32:57But I thought it doesn't hold up in court.
- 32:59So the halakhic prenup, it does.
- 33:01It has to be done in a certain way.
- 33:03OK.
- 33:04There were also some what I would call growing pains with the Halakhic prenup and the different iterations of it.
- 33:10It also needs to be notarized and acknowledged with the same formalities as a deed.
- 33:15So there's a special signature block, which the BDA form now has in order for it to be an enforceable matrimonial agreement, at least in New York.
- 33:23and the way that it holds up is by way of what I'm going to call the financial penalty clause
- 33:30because it basically says that for every day that you know you asked for a get and it wasn't given
- 33:36there is a financial penalty whether it's 150 a day or 350 a day now if you figure out how much
- 33:42that is depending on the finances it's not so much money so there are some men who are like
- 33:46whatever.
- 33:48What's 150 times three?
- 33:49Okay.
- 33:505,000 bucks a month.
- 33:51Like that's fine.
- 33:52Doesn't really
- 33:52change my life.
- 33:53But in a lot of cases, that amount of money does matter.
- 33:57Putting the halachic prenup
- 33:58aside, the trend now in secular relationships and secular marriages, whether they're Jewish,
- 34:06secular, or just not Jewish, especially with younger people is to have prenups.
- 34:11And I
- 34:11definitely think that that is the way the world is going because it's sort of an insurance policy.
- 34:19It does greatly truncate and narrow the issues if, God forbid, you go to get divorced and will make
- 34:26the cost of that divorce significantly less expensive because you're already delineating
- 34:32assets as either marital or separate if they are marital, how they're going to be divided,
- 34:38and a lot of ambiguity or how the waters can get muddied with separate property and the
- 34:44arguments you can make of whether it's been commingled with marital property.
- 34:47So now it's subject to equitable distribution, meaning being divided or transmuted, meaning
- 34:54it was separate.
- 34:54But now because of something you did, it's marital.
- 34:59That ambiguity and those issues can be dealt with in a prenup.
- 35:04So a lot of people are doing them.
- 35:06But if you're two very young people who have similar financial circumstances, who aren't coming from families with tremendous wealth or you're not going to have a huge inheritance in those situations, it's not necessary.
- 35:19But otherwise, it is usually a good idea.
- 35:21You and yell for the religious like halakhic prenup.
- 35:26Do you recommend that for most people?
- 35:29absolutely absolutely there's a big problem there's a big problem in the very very firm world
- 35:37they don't pull um they don't sign it they don't hold by it because they feel that the katuba
- 35:41i have a question here actually that talks about is the katuba like really a sentimental contract
- 35:48or a legal headache like these things they they look at the katuba as their prenup or as their
- 35:55contract.
- 35:57Am I wrong?
- 35:59I wouldn't say you're wrong, but I would say that, I mean, it's not something,
- 36:04it almost never comes into play ever.
- 36:06Um, at least in my world, um, it might say something like,
- 36:12like the Kasuba money.
- 36:13For example, if a man leaves, a husband leaves the wife, for example,
- 36:19um they have to give something called kasuba money which is a certain amount of money
- 36:26that they have to give because they're leaving it's something that's in the kasuba that is
- 36:31supposed to um take care of the woman it's kind of like kind of like a money settlement or
- 36:38something like that um unfortunately it's not done often enough people don't know to fight for it
- 36:48some residents will say, ah, it's never done anymore.
- 36:51Forget it.
- 36:53Um, and it's a big problem.
- 36:55It's actually a huge problem.
- 36:57I always tell women to, if the circumstances, you know, align,
- 37:01then you absolutely should be fighting for your Kusuba.
- 37:04It's your right.
- 37:06Your Kusuba money.
- 37:07Um,
- 37:07the amount of money, it's actually very interesting because some Kusubas will say
- 37:12a million dollars.
- 37:13Some will say $25,000, $50,000, $100,000.
- 37:15It could say anything.
- 37:16I know there
- 37:20have been quite a few Sephardi, um, cause you've money $2 million.
- 37:24I mean, like they have like
- 37:26different amounts.
- 37:26Okay.
- 37:27No one pays for the stars ladies.
- 37:28No one pays,
- 37:31but no one pays it.
- 37:32It almost hurts the credibility of the Kasuba.
- 37:34There have been
- 37:34times where I've been in bed and they'll say, it says a million dollars.
- 37:38He's not giving a million
- 37:39dollars.
- 37:39Forget it.
- 37:40There's no Kusuba money.
- 37:42I'm a very big, big, big advocate for
- 37:48getting whatever you're entitled to.
- 37:49I don't think you need to fight.
- 37:51I think you could do
- 37:52it with a smile on your face, but I do think that you deserve what you deserve.
- 37:58And if that's
- 37:58Kusuba money, yes, you should get it.
- 38:01Can I ask you based on what you both have seen,
- 38:07you've seen many people come in and out of your doors right um getting divorced what's one of the
- 38:14red flags that most people like that come in say like i should have known this on the first date
- 38:23why did i do this why did i get married to this person and there's usually like i see them on in
- 38:28the therapy part of of this um is there some sort of pattern that you guys normally see
- 38:36I don't think I see a pattern, but most of my clients, when they come in, it's not because something changed, right?
- 38:45People – and I don't really think people change unless there's some type of catastrophic or tragic or monumental, as would be like the positive to catastrophic, circumstance that happened in someone's life.
- 38:59Absent those three situations, people don't change.
- 39:01They are who they are.
- 39:02And but I do think that people only allow you to see what they want you to see of them.
- 39:09But there are signs.
- 39:11I remember I had a client years ago and she was like, he was an asshole when I met him.
- 39:17He was an asshole while I was dating him.
- 39:18And he still is today.
- 39:19She was like, he didn't change.
- 39:20He's just always been awful.
- 39:24Listen, it depends on the world you're living in.
- 39:27There are some people who they've been dating a long time.
- 39:29They feel really deep in.
- 39:31they're older and they just want to get married.
- 39:33There are some people in our world who are really
- 39:37young and maybe they don't know what to look for.
- 39:40They don't fully know who they are as a person
- 39:42yet.
- 39:43And, you know, one of the beautiful things about the Shidduch system is if you have two
- 39:47really young people, they can learn to grow together.
- 39:51But a lot of times that doesn't happen.
- 39:53Right.
- 39:55But there are definitely red flags.
- 39:56I think how someone treats their family members,
- 39:59how someone treats waiters or people in the service industry, how someone treats their
- 40:04friends, the relationship they have with those people.
- 40:07I think that those are usually pretty
- 40:09good indicators.
- 40:11I also, as someone who got married later in life by Jewish standards,
- 40:16I think I was 33 when I got married.
- 40:21When I was dating, I always, and maybe it's because of what
- 40:24I do for a living, but I always thought to myself, what would it be like to get divorced from this
- 40:29person.
- 40:30And that was one of the things I considered and evaluated in looking at the people I was
- 40:37dating and who I was going to marry.
- 40:39For you, y'all, do you see any red flags that are like,
- 40:43this is constant?
- 40:46I wouldn't say constant, but I will say things like, I'll never forget,
- 40:52I had a client walk into my office and she said, I should have known from the beginning,
- 40:56but I didn't know those were red flags.
- 40:59A lot of the people I deal with, I mean, I do deal a lot
- 41:02with modern Orthodox people, but I predominantly deal with the more ultra Orthodox side of the
- 41:10spectrum.
- 41:10So they'll say, listen, we only dated for a few weeks and the research my family got
- 41:19was clearly not true.
- 41:20You know, people lied during research.
- 41:24This is not who I wanted.
- 41:25This
- 41:25is not what I agreed to.
- 41:27This is not who, or there'll be people who'll say, listen, I've had
- 41:30this a few times where, listen, we were walking in the street and he kept walking in front of me.
- 41:36I've noticed that is a big thing.
- 41:38It's so interesting because I never thought of it or
- 41:40heard of it, but he was always, you know, it was like, I just was disposable.
- 41:43Like he would just
- 41:44keep walking.
- 41:44And then he'd say, you know, hurry up.
- 41:47That's just a few times I've heard that.
- 41:49It's
- 41:49not something, you know, it's an interesting nuance to pick up on just the walking ahead,
- 41:56not walking with you, not matching your pace, kind of like living in your own world.
- 42:02I always found that really interesting, but I agree with Carly.
- 42:06I think a lot of it is you,
- 42:08And people don't change unless obviously something happens.
- 42:13But I think that in my world, people don't always get the opportunity to see who that person is.
- 42:20And that's the big issue with what I – and also, I'll be honest, in the modern world too.
- 42:25I mean, they don't – a lot of modern people don't date much longer.
- 42:30So, yeah.
- 42:31Listen, I was in the modern world, modern Shidduch vibe, I guess.
- 42:35And we were engaged after two and a half months.
- 42:39That was it.
- 42:41It's it doesn't matter how religious you are when you're dating and you're not dating somebody for a long time and being with them in different life circumstances.
- 42:50You just don't know how they're going to act.
- 42:52You don't know how they're going to behave.
- 42:53You don't know what their actions are going to be.
- 42:55You have to go through different things to know what they're like for real.
- 43:00I always say that marry the person you think that you could divorce.
- 43:03You guys said the same thing.
- 43:05I think that's a good, that's a really good thing to look at.
- 43:08Obviously, we don't go into marriage thinking we're going to get divorced.
- 43:11But if you do, if you are looking at your relationship and going, okay, this person is kind in really terrible circumstances, then they'll still be kind to me if things go awry.
- 43:24But that's not always a hard and fast rule.
- 43:27Sorry.
- 43:27I was just going to say, just, you know, Carly said it best that...
- 43:33You, we don't like to talk in absolutes ever, you know, because there's so many different
- 43:40variables.
- 43:40We're only speaking about specific cases, but listen, there have been times I've had
- 43:46clients who've said he was so kind or she was so kind.
- 43:49She was so nice.
- 43:50I don't know what got into him or her.
- 43:52I don't know what happened.
- 43:54All of a sudden his mother speaking into his ear or her mother speaking into her ear.
- 43:58And that's, you know, they're listening to their parents or they're towing or their lawyer.
- 44:02And now they're being now they're fighting and we would never normally fight about this.
- 44:07That's something that comes up a lot for me as well.
- 44:09And I think that that plays a huge role just in general.
- 44:12There's always going to be outside entities that come into a relationship, whether it's a lawyer, a mother in law, a sister.
- 44:19It doesn't make a difference who it is.
- 44:21They do affect the relationship.
- 44:25And I think for me as a therapist, I'm going to say this, is that you need to build a foundation of your own family.
- 44:36And I know this sort of goes against a lot of what like our religious upbringing is because family is so important.
- 44:43Masora is so important, all of that.
- 44:45But ultimately, when you are choosing your partner, you are choosing a partner for life.
- 44:51You are choosing somebody to build your future with.
- 44:54So there needs to be a sense of I'm separating myself from every other entity, not isolating myself.
- 45:05You are still part of a tribe, but you need to remember that this is your person now.
- 45:14And if you build a healthy and happy and successful relationship with this person, everybody else will want to be a part of it also.
- 45:24Um, I agree.
- 45:26And I also think that, and I say this to, you know, friends of mine or so many people like to joke with me and be like, oh, well, you're a divorce lawyer.
- 45:33Like, what's your advice for marriage?
- 45:35Um, which is a bit ironic, but I actually love it.
- 45:40Go for it.
- 45:41Tell me all the advice.
- 45:42So and I am by no means a therapist.
- 45:44But one thing that I have always stayed true to, at least in my own marriage, and I tell other people is that there are going to be times that you fight with your spouse.
- 45:54There are going to be times where you disagree with your spouse.
- 45:56There's going to be times where you really in that moment, you're like, oh, I hate this person.
- 46:00Right.
- 46:00Or I'm so mad.
- 46:02To me, those are the times where you need to, in a way, be pretty tight lipped and not be the person who blabs to your friends, your mother, your sister, all of the people that are in your world that you naturally would want to go and confide in.
- 46:19Because, God willing, you and your spouse, whatever the argument was, you're going to come back from it.
- 46:24And it's sort of like you've spoiled the well.
- 46:28You can't unring that bell.
- 46:29And so once you've aired all of your dirty laundry to the people in your world that love you most, it's very difficult to protect and have them not view your partner in a negative light.
- 46:41And so if you're going to confide in someone, in my view, it really should be a neutral person like a therapist because otherwise you're going to move on from whatever the dispute was.
- 46:54But you're always going to have like your mother or your sister or your best friend in your ear being like, well, remember when.
- 46:59And I think that that is one of the ways that marriages get eroded over time.
- 47:04Like most of my clients don't come in because there was one major event that happened.
- 47:11In my opinion, most divorces are death by a thousand paper cuts.
- 47:15They are not, you know, point blank shot to the head.
- 47:18I love that.
- 47:19Actually, I mean, I don't love that, but I love that analogy because it's so true.
- 47:24I will not be airing that.
- 47:25I mean, I will be airing that, but you know what I'm saying.
- 47:29Okay.
- 47:29To end off, because I do think that that was like, really, that sums it up so beautifully,
- 47:34but people want something fun to end off on.
- 47:38What is your craziest situation you've had to deal with
- 47:43in the court system for you and in the Bayston for you?
- 47:47It could be a case, it could be a situation,
- 47:51whatever it may be craziest situation um this was years ago um i always say people always say that
- 47:59i should write a book and i say that if i if i wrote a book i wouldn't have clients um because
- 48:06to me discretion is really important you never you never know who you're in a room with who is
- 48:11listening and who could be like oh that is a crazy situation wait i heard of this situation i know who
- 48:17they're talking about.
- 48:19So that is something that I am always very careful of.
- 48:24But I would say the
- 48:26craziest situation I had was there was a couple and one of the parties had a really serious
- 48:33drug issue.
- 48:34And I'm talking serious drugs.
- 48:37I'm talking like crystal meth, real drugs,
- 48:40That's hardcore.
- 48:41Right.
- 48:41Hard drugs.
- 48:43And this person was supposedly clean and sober and working a program.
- 48:51And I was supposed to take the children away for the winter vacation.
- 48:57And my client called me in a panic and said, I think my spouse is using again.
- 49:04And it turned out that their dog had been acting erratically and the dog was not acting like itself.
- 49:16And the nanny took the dog to the vet and they did a ton of a battery of tests on the dog and the dog tested positive for amphetamines.
- 49:28Wow.
- 49:29It was because the person was using again and the dog had somehow, you know, something might have dropped on the floor or somehow gotten into it.
- 49:38And I remember calling my adversary and I was like, listen, we have a situation.
- 49:42I don't think this person is going to be taking the children away.
- 49:45There were lots of nasty things said.
- 49:47You know, you're lying.
- 49:48You don't know what you're talking about.
- 49:49How dare you make that accusation?
- 49:51And I said, listen, why don't you go and speak to your client and call me back?
- 49:58Wow.
- 49:58And the other lawyer called me back about 15 minutes later and said, your client can have the children for winter vacation.
- 50:04I was like, that's what I thought.
- 50:06Thank you.
- 50:07Wow.
- 50:08Okay.
- 50:08That is a wild one.
- 50:09I like that one.
- 50:10I mean, I don't like that for them, but.
- 50:12Okay.
- 50:14Y'all, any good, any wild stories?
- 50:18I know you had a crazy one recently you were dealing with in Columbia.
- 50:23Which one?
- 50:24Yeah.
- 50:25Yes.
- 50:26What was that?
- 50:26Because I did not understand it at all, but I know there's something good there.
- 50:31I was thinking of the rabbi that we caught in bed with the prostitute.
- 50:34What?
- 50:36Wait, I couldn't hear you.
- 50:36I'm sorry.
- 50:37Repeat that louder.
- 50:38So I had a client.
- 50:40I had a client.
- 50:42She was a Robinson of a pretty well-known in their area shul.
- 50:48um pretty more on the side of i would say haredi like very very very religious
- 50:59and she said i wanted she came to my office said i want a divorce and i said okay what's going on
- 51:08she said i went to the doctor i was having some issues and i have an sti
- 51:17there's no way I would get an STI I've never touched another man my husband they had a
- 51:23which for those of you who don't know what a show is their parents did all the research they met
- 51:29essentially in their dining room and they said okay and they were engaged um
- 51:37it was so sad because she didn't even know the doctor according to her the doctor had to explain
- 51:40to her what an STI was.
- 51:43So she had no idea.
- 51:46And what happened?
- 51:48The guy turned around, the guy,
- 51:49the rabbi turned it around, turned it around and said, you, you are with other men.
- 51:55I knew it.
- 51:57The complete and the whole best that everybody was saying, oh my goodness, look at her.
- 52:04She's
- 52:05trying to turn the whole case around.
- 52:07She obviously is a Zina, which is a prostitute.
- 52:13Look at her.
- 52:14And we kept saying, okay, he should go get tested.
- 52:17Came back completely clean.
- 52:20Nothing was wrong with him.
- 52:23It was extremely dramatic.
- 52:25A lot of back and forth, a lot of hearing.
- 52:27She would cry to me.
- 52:27I promise I didn't do anything.
- 52:29I didn't do anything.
- 52:30I promise.
- 52:32And all his labs came back
- 52:34like nothing.
- 52:35So I said, listen, the only way we're going to get through this is we get a PI.
- 52:41We have no choice.
- 52:45Well, we caught him.
- 52:47We had the pictures to prove it.
- 52:49We were in Besden,
- 52:52came out.
- 52:53He did have an STI.
- 52:55He just treated it before she did.
- 52:57That's why hers
- 52:59for so long that she had symptoms.
- 53:04I had the pleasure of showing the best in the pictures
- 53:08that we got from the PI.
- 53:10Mrs. Braun, it's okay.
- 53:11It's okay.
- 53:11I said, oh, no, no, no.
- 53:12You need to
- 53:12see this.
- 53:13You put my client through hell here.
- 53:15No, Mrs. Braun, it's okay.
- 53:17It's okay.
- 53:17We believe
- 53:18you.
- 53:18We believe you.
- 53:19I said, call on your wife.
- 53:20I would like to show your wife these pictures.
- 53:23So that way your wife can explain to you in detail because it's not SNEAS.
- 53:28they did not want their wives to see that and my client was thank god she was cleared of everything
- 53:37and it but it was extremely dramatic at the time I mean extremely dramatic I mean everyone was
- 53:44pointing their finger calling her a whore and a prostitute it was crazy it was actually when I
- 53:49think of crazy stories that is the first thing that comes to mind and he was a beloved rabbi of
- 53:54community.
- 53:56He had a shul and he had to leave.
- 54:00And it was extremely dramatic in public.
- 54:02And
- 54:04I'm glad that I always say you're never going to get vindication in Besden.
- 54:07I'm sure Carly
- 54:08says the same thing about court, but in this very specific situation, there was vindication.
- 54:12And I was very happy that my client was able to get it because she went through absolute hell.
- 54:18I want to thank you both for coming and sharing because more than anything else,
- 54:23My goal wasn't to stir up drama or, you know, any of that, but was to give people enough knowledge and power so that if they are in this circumstance, they have the avenues and the tools to at least the information to at least take their first step.
- 54:43So thank you both for being here.
- 54:44I really, really appreciate it.
- 54:46Of course.
- 54:47It's my pleasure.
- 54:47Of course.
- 54:48My pleasure.
- 54:49Bye, guys.
- 54:50Thank you.