Reply To: obtain a beis din's preliminary ruling without actually going to a beis din

Home Forums Family Matters obtain a beis din's preliminary ruling without actually going to a beis din Reply To: obtain a beis din's preliminary ruling without actually going to a beis din

#1194990
Joseph
Participant

lilmod, it is virtually always better to work to avoid divorce, especially with children, then to simply give it. Even if one spouse wants it while the other wishes to continue the marriage. In the vast majority of cases divorce is avoidable and unnecessary. And in the majority of cases divorce is worse than remaining in a not-great marriage. Many many divorced people deeply regret having sought to get divorced.

Indeed Jewish Law discourages divorce and Jewish Law gives the spouse desiring to continue the marriage the right to do so, in most cases, even if it is against the wishes of the other spouse. Very frequently Jewish Law rules that a request for a divorce is denied. In fact that is the default. A divorce in Torah Judaism requires cause to be proven. There is no divorce-on-demand in Halacha. Even the non-Jewish world, lhavdil, until very recently denied divorce petitions unless cause was satisfactory proven in the eyes of the law. New York became the last state to introduce no-fault divorce only in 2010. This idea that a spouse is entitled to a divorce simply because she wants it (or for reasons other than halacha considers valid cause for divorce) is a purely modern goyish concept that has no basis in Torah Judaism.