Information resource about the Jewish Divorce [GET = Jewish Divorce] procedure. How & Where to obtain a Kosher GET via an Orthodox Rabbi.
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Matrimonial Division

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Jewish Divorce & GET

Judaism looks with disfavor upon divorce; however, it is not prohibited and even encouraged in certain cases. The rabbis of the Talmud considered marriage a holy contract, and the dissolution of marriage an unholy act. They quote the prophet Malachi, “. . .the Lord has been witness between you and your wife of your youth against whom you have dealt treachorously, though she is your companion, the wife of your covenant” (2:14). They add in Sanhedrin (22a), “Even [G-d] shares tears when anyone divorces his wife.”

In biblical law a husband has the right to divorce his wife, but a wife cannot initiate a divorce. About 1,000 years ago, Rebbeinu Gershom ben Yehuda (965-1028) decreed that a husband could no longer divorce his wife without her consent. This decision was accepted as binding by European Jewry.

When a Jewish couple marries in a Jewish wedding ceremony, two distinct legal systems recognize the marriage: (1) American civil law; and (2) Jewish law. If a marital relationship dissolves and one or both parties want a divorce, American civil law requires that the moving party bring an action into an American court of law. Assuming proper grounds exist for a divorce, the court will order a divorce and American civil law will consider the marriage terminated. Case closed, right?

Wrong. A secular, or civil, divorce has no religious validity in dissolving the marital ties of the Jewish couple. In other words, a civilly divorced couple is still married according to Jewish law until a Jewish divorce has been granted; that is, Jewish law will consider the parties still married until such time as distinct Jewish religious legal proceedings are performed. In order for a divorce to be complete, thus severing all marital ties of a couple, a Jewish husband must issue his wife a GET.

GET is the Hebrew word for divorce document. Since a Jewish marriage is entered into by the issuance of a legal contract between husband and wife, it can be terminated only by the issuance of a legal writ nullifying the original contract. According to Jewish law, a marriage is not dissolved until a bill of divorce, GET, is exchanged between husband and wife. A competent Rabbis will not officiate at a wedding if either party has been divorced without a GET.

A Jewish Divorce is similar to many present­day legal transactions. A divorce contract is drawn up under rabbinical supervision and signed by witnesses. The husband and wife are NOT subject to personal questions. If they choose to, they need not be present together. A Jewish divorce usually takes an hour or two, during which time the GET is prepared and executed. The parties are expected to provide proof of identification, and will be asked some formal questions to make it clear that the GET is being executed on their behalf without coercion.

Since the writing of a GET is a complex and delicate matter, a Jewish divorce must be conducted by experts. "Those [rabbis] who are not well-versed in the intricacies of marriage and divorce may not participate in divorce proceedings" (Kiddushin 6a).

Based upon the statement in Deuteronomy (24:1), which states that when a man wants to divorce his wife, "then let him write her a bill of divorcement," the Rabbis conclude that a GET must be handwritten by a scribe for the occasion. The document is written in aramaic as this was the vernacular during the mishnaic and talmudic periods. Proper witnesses must be present at the time of the writing of the document and at its delivery.

The GET proceedings may roughly be broken down into the following nine steps:

(1) The parties appear before a rabbi learned in the laws of divorce, a scribe, and two witnesses;

(2) The husband requests that the scribe write the GET for his wife, which the scribe then proceeds to do using a special quill pen;

(3) The husband declares that he is giving the GET of his own free will, and a similar declaration is made by the wife concerning its receipt;

(4) At this point, the GET is then signed by the two witnesses;

(5) The parties are again questioned as to whether they are giving and accepting the GET voluntarily.

(6) the husband takes the GET and drops it directly into his wife's cupped hands, stating: "This is your GET and accept this as your GET, you shall therewith be divorced from me, you are untied free and permitted to any man";

(7) She then places the GET under her arm and symbolically leaves by turning and moving several steps away;

(8) the divorcée then returns and the GET is taken from her by the officiating rabbi who tears the GET crosswise; and

(9) finally, the divorced woman is given a Divorce Certificate to prove her divorced status, and the process is over.

From the Jewish religious standpoint, once a husband issues his wife a GET, it completely severs his marital relationship, even if they are not civilly divorced. This is a rather simple process.

Regardless of one's personal convictions or practices, or one's affiliation, obtaining a GET is important. This simple procedure does more than just assure the couple that they will be free to remarry should they so desire. It also prevents a tragic problem; a child born to a Jewish woman whose previous marriage did not terminate with a GET may be considered illegitimate. Any Jew, whether observant or non­observant, needs to share in the concern for Jewish unity and in providing their children with a clean slate for the future.

Feel Free to contact our Staff on all your questions relating to GET [Jewish Religious Divorce], Chalitza, Orthodox Conversions etc.

Our Beth Din arrange the GET process through National & International Orthodox Recognized Beth Din's [Batei Din].

 call us at 1 718 782 3645 or 1 212 425 2242

Some faq's Why GET a GET? A civil divorce is not enough

If you have only had a civil divorce, in the eyes of traditional Judaism you and your ex-spouse are still considered married. This position is shared by the Conservative and Orthodox Rabbinates, and is the official policy of the government of the State of Israel. Many Reform and Reconstructionist Rabbis will also advise couples, from a practical standpoint, about the importance of obtaining a GET.

Don't limit who you can marry

Even if you don't plan to remarry now, why limit your options? After all, you never know what the future may hold. What's more, you may not realize how much you may be impacting your children's future. If a child is born to a mother who is still technically married to someone else, that child may be considered illegitimate, and limited in who they will be able to marry. This is one Jewish practice that has far reaching effects. It would be tragic if you or your children fell in love with someone but couldn't marry them simply because you neglected one observance that is so easy to do.

Closure

Many people feel that aside from any other considerations, a GET provides them with a sense of emotional closure. In all likelihood, your marriage began with a Jewish ceremony, so it should end with one as well. In fact, given the consequences, you can understand why it's even more important to have a Rabbi at a divorce than at a wedding.

It's easy and convenient

The whole process takes about an hour. If you prefer not to see your ex-spouse, or if the two of you are in different locations, the GET can be completed by use of a proxy or power of attorney. Although the GET generally takes place in a Rabbi's office, it can be done in any location that is convenient to all parties.

A no-fault document

The GET makes no reference to responsibility or fault. It has no bearing or affect on any aspect of the civil settlement and does not subject either party to personal questions. As long as there's mutual consent, there is no need to state the grounds for divorce. Although religious in nature, the process involves no ceremonies or blessings at all.

Do it for yourself, - Do it for your children

A small investment of your time can have far reaching effects on generations to come. For the sake of Jewish unity and continuity we need to care about one another and be sensitive to this most basic of Jewish beliefs. By taking this easy yet significant step, you are helping assure that we remain one people.

What to expect

Each party acknowledges that they understand what is going to happen and that they are acting freely and without coercion. The husband authorizes the scribe to write the document. The 12-line document is written by the scribe and signed by the witnesses. The signed document is presented to the wife by either the husband or his proxy. Once she accepts it, the divorce takes effect immediately. The GET document itself remains in the files of the officiating Rabbi. Both parties subsequently receive a certificate of proof, confirming that they are free to remarry.

Phone Numbers: 1 718 782 3645 or 1 212-425-2242 Email us: Contact the Rabbi IMPORTANT NOTICE If you or anyone you know is involved in a Divorce dispute: we strongly suggest NOT to sign or finalize any agreement or stipulation of settlement, without prior receipt of your GET document in your hands via an Orthodox Rabbinate. Free consultations with our expert Rabbinic Staff, GET clear & concise answers to all your perplexing questions relating to GET [Jewish Religious Divorce] and Agunah . In New York Our Beth Din will preside over the GET, Chalitza etc. procedure. Elsewhere we will arrange the process through National & International Orthodox Recognized Bet Din's. call us at 1 718 782 3645 or 1 212 425 2242