In Re Marriage of Goldman

554 N.E.2d 1016, 196 Ill. App. 3d 785, 143 Ill. Dec. 944, 1990 Ill. App. LEXIS 448
CourtAppellate Court of Illinois
DecidedMarch 30, 1990
Docket1-89-1025
StatusPublished
Cited by17 cases

This text of 554 N.E.2d 1016 (In Re Marriage of Goldman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Goldman, 554 N.E.2d 1016, 196 Ill. App. 3d 785, 143 Ill. Dec. 944, 1990 Ill. App. LEXIS 448 (Ill. Ct. App. 1990).

Opinions

JUSTICE JIGANTI

delivered the opinion of the court:

On March 23, 1989, an order was entered dissolving the marriage of petitioner Kenneth I. Goldman and respondent Annette C. Goldman. The petitioner appeals from a portion of the order compelling specific performance of the parties’ antenuptial agreement that in the event the marriage was dissolved, the petitioner would obtain and deliver to the respondent a Jewish bill of divorcement known as a “get.” Under Orthodox Jewish law, a get is necessary to dissolve the marriage and permit the woman to remarry. The petitioner also appeals from that portion of the order incorporating a previously entered custody order.

The first issue presented in this appeal concerns the enforceability of the terms of a document, known as a “ketubah,” which was entered into as part of the religious marriage ceremony. Annette Goldman contends that the ketubah is a marital contract which requires the husband to obtain a get upon dissolution of the marriage. Kenneth Goldman contends that the ketubah does not constitute a marital contract; that if it is a contract, its terms are too vague to be specifically enforced; and, finally, that enforcement of the ketubah would violate his constitutional rights under the establishment and free exercise clauses of the first amendment (U.S. Const., amend. I) as well as under article I, section 3, of the Illinois Constitution (Ill. Const. 1970, art. I, §3).

The parties were married on May 27, 1979, in a Reconstructionist Jewish ceremony. Neither party was an Orthodox Jew at the time of the marriage; Annette Goldman became an Orthodox Jew during the course of the marriage. Shortly before the marriage ceremony, the parties signed a certificate of marriage called a ketubah. The ketubah is a document written in Aramaic and translated into English. The English translation contains the date and place of the ceremony and the names of the bridegroom and bride, then states as follows:

“The said Bridegroom made the following declaration to his Bride:
‘Be thou my wife according to the law of Moses and Israel. I faithfully promise that I will be a true husband unto thee; I will honor and cherish thee; I will work for thee; I will protect and support thee, and will provide all that is necessary for thy sustenance, even as it beseemeth a Jewish husband to do. I also take upon myself all further obligations for thy maintenance, as are prescribed by our religious statute.’
And the said Bride has plighted her troth unto him, in affection and in sincerity, and has thus taken upon herself the fulfillment of all the duties incumbent upon a Jewish wife.
This Covenant of Marriage was duly executed and witnessed this day according to the usage of Israel.”

The ketubah was signed immediately before the ceremony while the parties were dressed in their wedding attire. They had not consulted a lawyer about the terms of the ketubah.

In May of 1984, Kenneth Goldman petitioned for dissolution of the marriage and custody of the parties’ two children — Shoshana, born in 1980, and Daniel, born in 1982. Annette Goldman and the children were visiting Annette’s parents in New Jersey at the time the petition was filed, and Kenneth was awarded temporary custody in an ex parte proceeding. Upon Annette’s return to Chicago, she counterpetitioned for dissolution and requested custody of the children. The counterpetition was subsequently amended to include a count requesting specific performance of the ketubah, which Annette alleged constituted a premarital contract between the parties that the status of their marriage would be governed by Orthodox Jewish law. She further alleged that under Jewish law a marriage can be dissolved only upon the transfer from the husband to the wife of a document called a get. The counterpetition also stated that Annette was an Orthodox Jew and that her religion prohibited her from remarrying unless and until Kenneth obtained a get.

A trial was held on the specific performance count between November 18, 1988, and November 23, 1988. No issue was raised concerning the dissolution of the marriage. Annette Goldman testified that before she and Kenneth were married, Kenneth obtained an Orthodox get for his ex-wife, Pauline Gethner, from whom he had been civilly divorced for almost two years. When Annette questioned the need for the get, Kenneth told her that he wanted the divorce to be recognized by everyone, including the State of Israel and every faction of Judaism. He also stated that “when you get married in the Jewish faith you have to get divorced according to the Jewish faith.” Annette’s testimony concerning these statements was uncontroverted.

Annette further testified that prior to the marriage, she and Kenneth went to a Jewish bookstore to choose a ketubah. Kenneth specifically asked the clerk for an Orthodox ketubah. Annette stated that it was her understanding from conversations with Kenneth and from books and pamphlets given to her by Kenneth that the ketubah was a contract and that the words “[b]e thou my wife according to the law of Moses and Israel” meant that Orthodox Jewish law would govern the status and validity of the marriage. Annette further stated that it was her understanding from the information given to her by Kenneth that if the marriage were to be dissolved, “[t]hat we would have to have a get given in the proper way. That that would be important to the Orthodox procedure.” Annette admitted, however, that she and Kenneth never specifically discussed whether he would give her a get in the event the marriage was dissolved.

Approximately six months before the wedding, the parties met with Rabbi Rachlis, the rabbi who was to officiate at the marriage ceremony. When he learned that Kenneth had been married before, he asked whether Kenneth had given his first wife a get. Upon learning that he had, Rabbi Rachlis stated, “Good, that eliminates problems.” According to Annette, the two witnesses to the signing of the ketubah were Orthodox Jewish males, a requirement under Orthodox Jewish law.

Annette testified that she became an Orthodox Jew after her father died and that it was her understanding that Orthodox law prohibited her from remarrying unless she obtained a get from Kenneth. If she remarried, her marriage would not be recognized by her religion and any children she might have would be considered illegitimate. During the course of the custody trial in 1986, she asked Kenneth for a get. He replied that she was a liar and a cheat and that she was “going to pay” for what she had done to him by being married to him for the rest of her life. He then stated that “everything could be resolved” if Annette would agree to joint custody of the children. Barbara Fox, who at one time served as a court-appointed attorney for the children, testified that Kenneth told her that he “would not be adverse to giving [Annette] a Jewish divorce” if he got his custody terms. Kenneth did not deny making these statements to Annette or to Barbara Fox. According to Annette, Kenneth at no time stated any religious objection to obtaining a get.

Annette then presented expert testimony by two Orthodox Jewish rabbis, Rabbi Gedalia Schwartz and Rabbi Emanuel Rackman. According to the expert witnesses, Judaism is not only a religion but is also a complete body of substantive law.

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Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 1016, 196 Ill. App. 3d 785, 143 Ill. Dec. 944, 1990 Ill. App. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-goldman-illappct-1990.