The Daily Tea
The Agunah Chronicles
The Agunah Chronicles
May 28, 2026

Episode 6

IS BAIS DIN A DEAD END?

By: Faigie Carmel

Listen to this article~5 min

Previously...

This series is an account of an Agunah, who describes the systems and processes a woman may encounter on her way to obtaining freedom after the marriage ended. What works? What doesn’t work? Which means are useful in preventing a divorcee from becoming an Agunah?

I tried to get more people to reach out to my (still) husband. I really did.

I thought that if I could only reach the Rabbis I had followed and admired my whole life, they would help solve this problem for me!

If I could only reach out to Agunah organizations and open a case with them, they would have dramatic and effective solutions!

We were still very naive.

The minute my (still) husband found out that I opened a case with Rabbi Teichman, he immediately started declaring that he would only ever consider signing a Get with the RCC.

So I had to figure out the RCC paperwork. It took weeks for me to file a case with them, because they were hard to reach, but also because the process was sincerely confusing and difficult for me to contend with. I told my parents I’d do it, and I stubbornly insisted on slogging through without turning to them for more help. They were living with my baby and me every day already. I didn’t want to add another thing to their to-do list, but it was so frustrating. When I filled in the paperwork, and they asked if both parties consented to the Get, I said no, and they told me they can’t take the paperwork or payment until both parties consent to a Get. After that conversation, they were impossible to reach. I wanted to ask them for ideas on where to go next, but they didn’t return any of my communication.

The community Rabbis we reached out to mostly told us that “I tried to talk to him, but he is adamant,” or they didn’t know how to help. The Rabbis that were more involved in Gittin as a matter of course mostly told us that they’ll help us... after we reach a stipulation agreement resolving all the divorce details like financial support, division of assets, visitation and custody, etc. I have a copy of a handwritten letter by a well-known Rabbi stating: “A stipulation agreement setting the proper guidelines for visitation, child support, division of property, etc. MUST always be arranged before a Get and/or divorce decree. This is the rule in all systems of law, religious or secular.” So there was nothing we could do, was there?

This is actually a very common myth: Many people believe that a Bais Din may obligate a Get only if all financial and custodial arrangements have been resolved, but that’s not accurate. It is common practice to wait. Minhag Yisroel, if you will. It is technically the current practice of many Batei Din... but actually, a Bais Din MAY obligate a Get whenever the Bais Din determines that the spouses cannot tolerate living together intimately as husband and wife. (This is called a “Chiyuv Get.”)

Once a Bais Din determines that a Get is obligated, it’s prohibited to delay the delivery of the Get for any reason.

Financial and custodial arrangements are not essential. They are extraneous to the determination of whether the spouses can live together. It is possible to sign a Get before the other arrangements, both in Bais Din and in secular law (it’s called a bifurcate divorce). This is necessary if the arrangements will clearly take a very long time to settle (most high-conflict divorces take a long time), and indeed, many men and women have signed a Get, remarried, and ten years later are still working through the technical details of the divorce arrangements in civil courts to finalize their civil divorce.

Hashem sends you the right information exactly when you need it. Apparently, at that time, I still wasn’t ready to receive this information, and so I thought I was absolutely stuck at a dead end with nowhere to proceed.

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About the Author

Faigie Carmel

Faigie Carmel volunteers for GET Jewish Divorce Justice, the only Agunah advocacy organization on the West Coast, founded by Esther Macner, Esq. For the past three years, she has written up the accounts of Agunot for 'The Agunah Monologues', a project that began as a way to give voice to survivors of Get Abuse and Extortion. Some of the accounts are published on the website. If you or anyone you know is struggling to receive a Get, call Esther Macner at 310-730-5282 or email her at info@getjewishdivorce.org. Strictly confidential.

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