Second Department Muddies the Religious Divorce Waters
As such, she was unable to remarry within the faith. In Cohen v. Cohen, the trial court withheld the husband's marital property share until he gave his wife a Get. He refused to do so. The Second Department overturned that portion of the divorce order, relying on Section 253 of the Domestic Relations Act. This provision states that a defendant in a divorce action is not required to remove all barriers to remarriage for the other party.