Religious Divorces in Judaism and Islam

In the world of Florida family law, divorce is rarely a straightforward matter. Add the complexities of religious divorces, and the situation can become even more challenging. For individuals practicing Judaism or Islam, obtaining a civil divorce in Florida often isn’t enough. Religious divorces, which follow specific rituals and laws, can create additional hurdles for both parties. Unfortunately, Courts are powerless to order religious acts to be taken under the First Amendment of the United States Constitution. Even more troubling, spouses have tried to leverage the issue of a religious divorce to extract an improper benefit – additional property, alimony, or to pressure the other spouse to waive certain rights under Florida law.

I have litigated these cases at trial and on appeal. While courts cannot order religious acts to be taken, the court can adjust equitable distribution and attorneys’ fees awards to address what it sees as unequitable conduct in a divorce case. Let’s explore these challenges and how they intersect with Florida’s legal system.

In Judaism and Islam, marriage is not merely a civil contract; it’s also a deeply religious covenant. This means that ending a marriage often requires adhering to both civil and religious laws. However, the civil and religious systems don’t always align, and that’s where complications arise.

In Islam, the dissolution of marriage can take several forms, with the most common being: Talaq, a unilateral divorce initiated by the husband; and Khula, a divorce initiated by the wife, often requiring the return of her mahr (dowry).
Legal Challenges:

1. Financial Disputes: The mahr can create tension in civil divorce cases, especially if it involves substantial financial sums. Florida courts may or may not recognize mahr agreements, depending on how they are structured.
2. Recognition of Talaq: In some cases, husbands attempt to use talaq as a way to bypass equitable distribution of marital assets under Florida law, leading to disputes about the validity of such divorces in a civil court.
3. Gender Inequality: In certain interpretations of Islamic law, the divorce process can appear to favor one spouse over the other, creating emotional and legal challenges that the Florida court system must navigate delicately.

In Orthodox and Conservative Judaism, a get, or religious divorce document, is essential for ending a marriage in the eyes of the faith. Without a get, a woman may be unable to remarry within the Jewish community and risks being labeled an agunah (a “chained” woman).
Legal Challenges:

1. Refusal to Grant a Get: A common issue is when one spouse—often the husband—refuses to grant the get. Florida courts cannot compel someone to provide a get because of constitutional protections around religious freedom.
2. Emotional Leverage: The get can sometimes be used as a bargaining tool in civil divorce negotiations, leading to delays or inequitable settlements.
3. Parallel Processes: Couples navigating a religious divorce often face the logistical and emotional strain of managing two separate legal systems—civil and religious.

Florida courts are tasked with ensuring equitable distribution of assets, determining child custody arrangements, and awarding alimony—none of which are necessarily aligned with religious divorce proceedings. This can create a gap between what is legally binding under Florida law and what is religiously acceptable.
For example:

• Custody Battles: Religious practices, such as adherence to kosher or halal diets, can factor into parenting plans, complicating negotiations between divorcing parents.
• Property Division: Courts must remain neutral on religious matters, which means they won’t enforce religious divorce terms. However, they may consider the practical implications, such as the refusal to grant a get or the financial impacts of a mahr.

For those facing a divorce that involves religious considerations, the best approach is a comprehensive one. An experienced family lawyer can:

1. Mediate Between Civil and Religious Needs: While Florida courts cannot enforce religious laws, a skilled lawyer can help negotiate agreements that address both civil and religious concerns.
2. Draft Enforceable Agreements: In cases involving mahr or other religious contracts, a lawyer can structure agreements to maximize enforceability under Florida law. If a religious act is required by a civil contract, a Court has the authority to enforce the contract – even if the contract requires a religious act.
3. Advocate for Fair Outcomes: If one spouse uses religious obligations as leverage in the divorce, an attorney can advocate for a fair resolution.

Divorces involving religious laws require careful navigation of both civil and faith-based systems. They demand sensitivity, expertise, and a deep understanding of Florida’s family law framework. While the legal system cannot resolve all religious disputes, it can provide a path to fairness and clarity for individuals in these unique circumstances.

If you’re facing a divorce that involves religious considerations, reach out to an experienced family law attorney. At Kofsky Law Office, we understand the intersection of civil and religious laws and are here to guide you every step of the way.