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New Appellate Division Decision on Importance of Arbitration Agreement Formalities: A Cautionary Tale

I have extensively blogged on the importance of formalizing arbitration agreements in the context of divorce or post-judgment actions in compliance with the applicable Court rules, offering technical and practical advice if...more

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

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

Reflections on the New York Times’ “Why Some Hasidic Children Can’t Leave Failing Schools” and How Agreements to Arbitrate can...

An article recently came out in the New York Times about a dynamic that tends to unfold in the context of Bais Din proceedings, where one parent leaving the Chassidic community seeks to withdraw their children from certain...more

Vacating an Arbitration Award in the Bais Din – Part II

If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will discuss vacating particular provisions related to custody and parenting time...more

Top 10 Divorce Trends in 2022

As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its ups and downs, but as the pandemic has waned, 2022 has also presented...more

Vacating an Arbitration Award in the Bais Din – Part I

I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate is legally sufficient, but the...more

Do Not Sign Agreement to Arbitrate Without the Advice of a Lawyer

If you learn nothing else from my blog series on Arbitrations in the Bais Din, remember this one caveat: do not sign an Agreement to Arbitrate without the advice of counsel. Doing so could prove catastrophic for you, your...more

Arbitration Questionnaire Versus Umpire/Arbitrator’s Disclosure

In a prior blog post, Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, I discussed the absolute necessity of the Umpire/Arbitrator’s Disclosure and the fact that appending that specific form as set...more

Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues

Let’s start this one with a hypothetical. A divorce action has been filed against you by your spouse. A very important court date is coming up regarding the children and somehow you find yourself in Bais Din. You are swept up...more

Prohibition Against Dayanim Assuming Dual Roles in Custody Arbitrations in Bais Din

Arbitrations can sometimes take on a more informal tone than an in-court proceeding. The entire vibe of the proceeding can be more relaxed; there’s usually no bailiff, nobody is wearing a black robe, and many of the...more

Considerations for Custody Arbitrations in Bais Din

In my last blog post, I reviewed the requirements for parties to submit their marital disputes to Bais Din under New Jersey law, which is provided for under New Jersey Court Rule 5:1-5(b). However, special considerations...more

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