A Rabbinical divorce having its inception in New York and perfected in Russia and recognized by Russian law, has recently been held invalid in the case of Chertok vs. Chertok, 203 N. Y. S. 163. In this case Eva Chertok, the plaintiff, sought an annullment of her marriage with Morris Chertok, the defendant, alleging that his prior marriage in Russia to Anna Rubenstein was in full force and effect.
In September, 1910, the defendant married Anna Rubenstein in Russia. In 1912 he came to the United States and settled in New York, where he has resided ever since. In November, 1917, Anna Rubenstein, defendant’s first wife, commenced a proceeding for an absoluted divorce, according to the Rabbinical laws, at the suggestion of her father, Jacob Rubenstein, who was then residing in New York. Jacob Rubenstein, together with the defendant, went to a Rabbi in Brooklyn, N. Y., and proceeded to procure a Rabbinical divorce, which divorce was finally consummated in Russia according to Rabbinical laws. The divorce being valid in Russia, according to the defendant’s contention, his marriage with Anna Rubenstein was thereby dissolved.
The court in holding this divorce invalid based its decision on that provision of the constitution of the State of New York (Art. I, 139) which provides “Nor shall any divorce be granted otherwise than by due judicial proceedings.”
From the language of the court it would seem that if the divorce had not had its inception by the paper issued by the Brooklyn Rabbi that it might have been construed as a divorce obtained in Russia and, therefore, valid in this country.
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
