Obtaining a Jewish Divorce/Get
A get is a document which terminates a Jewish marriage and certifies that a couple is now free to remarry according to Jewish law. In the State of California, the document has no bearing or effect on any aspect of the civil settlement and makes no reference to responsibility or fault. The get itself is a bill of divorce consisting of twelve lines which is hand-written by an experienced scribe under the supervision of a Rabbi and signed by two authorized witnesses.
Although a civil divorce is certainly necessary to end the civil marriage, according to Jewish law (Halacha), a Jewish marriage is not dissolved until a Jewish divorce document (get) is exchanged between husband and wife. Most American rabbis, and the Israeli rabbinate will not officiate at a wedding in which either party has been divorced without a get because according to Jewish law, the original couple is still married.
Though Jewish divorce proceedings have not changed over several thousand years, their nature is similar to most present-day legal transactions. However, for Jewish couples that do not dissolve their jewish marriage with a (get), they may not find a rabbi to officiate their wedding, and their children may be barred from marrying in large segments of the Jewish population.
For more information Gets, Gittin, Agunah, Beis Din, etc. see our other website at: www.californiadivorceandjewishget.weebly.com
Although a civil divorce is certainly necessary to end the civil marriage, according to Jewish law (Halacha), a Jewish marriage is not dissolved until a Jewish divorce document (get) is exchanged between husband and wife. Most American rabbis, and the Israeli rabbinate will not officiate at a wedding in which either party has been divorced without a get because according to Jewish law, the original couple is still married.
Though Jewish divorce proceedings have not changed over several thousand years, their nature is similar to most present-day legal transactions. However, for Jewish couples that do not dissolve their jewish marriage with a (get), they may not find a rabbi to officiate their wedding, and their children may be barred from marrying in large segments of the Jewish population.
For more information Gets, Gittin, Agunah, Beis Din, etc. see our other website at: www.californiadivorceandjewishget.weebly.com
Mediating a Get or a Get Prenuptial
Conflict often arises between: couples, their conflicts, the Jewish legal process, and the civil process. Parties are usually not ready to cooperate until issues in the divorce are agreed upon, i.e., property, support, custody and visitation. Agreement upon all issues of the divorce can take several years if parties are contentious. Rabbis, by contrast, encourage the Get to be given immediately upon separation to protect women from recalcitrant husbands in order to avoid the man's use of the Get as a tool for coercion during court or trial. The Get process in the United States is provided via a Beit Din (Beis Din) which consists of between 5 and 9 distinguished Rabbis. Decisions issued by a Beit Din are considered by Courts to be binding arbitration agreements.
Pre-Nuptial Agreements creating a legal and binding contract relating to the Get have become popular in recent years in that it bridges the gap of separation of church and state by giving the civil secular courts jurisdiction over the prenuptial agreement under the context of basic contract law. Several prominent, national and state kosher food organizations provide template prenuptial agreements for use by Orthodox and Conservative Jews. However, problems arise when parties do not try to mediate or consult with an attorney prior to checking boxes on such templates because parties may inadvertently give the Beit Din the power to arbitrate not only the Get issue, but all issues relating to divorce.
The Law Offices of Naomi T. Stal recognize the delicate balance between the Jewish law and civil law and are able to anticipate many of the common problems that arise in contemplation of marriage and in contemplation of divorce. We offer mediation for couples in these situations. The benefit of mediation in this context is that all issues; civil and Jewish, are worked out with a third party neutral (mediator), including details on how and when the Get will be given. This is because once a settlement has been signed, there is no need for the get to wait until the final divorce decree is issued. We work with all hashkafos(t) of the various Beis Dinim in the state. We also work outside of the state when a minimum of one party is represented by outside counsel.
We provide prenuptial mediation relating to the creation of a prenuptial agreement and in conjunction with the various national Kashrus organizations. We also provide Get mediation and have a proven track record of successfully helping parties in receiving their gets through utilizing mediation in 100% of our cases.
Pre-Nuptial Agreements creating a legal and binding contract relating to the Get have become popular in recent years in that it bridges the gap of separation of church and state by giving the civil secular courts jurisdiction over the prenuptial agreement under the context of basic contract law. Several prominent, national and state kosher food organizations provide template prenuptial agreements for use by Orthodox and Conservative Jews. However, problems arise when parties do not try to mediate or consult with an attorney prior to checking boxes on such templates because parties may inadvertently give the Beit Din the power to arbitrate not only the Get issue, but all issues relating to divorce.
The Law Offices of Naomi T. Stal recognize the delicate balance between the Jewish law and civil law and are able to anticipate many of the common problems that arise in contemplation of marriage and in contemplation of divorce. We offer mediation for couples in these situations. The benefit of mediation in this context is that all issues; civil and Jewish, are worked out with a third party neutral (mediator), including details on how and when the Get will be given. This is because once a settlement has been signed, there is no need for the get to wait until the final divorce decree is issued. We work with all hashkafos(t) of the various Beis Dinim in the state. We also work outside of the state when a minimum of one party is represented by outside counsel.
We provide prenuptial mediation relating to the creation of a prenuptial agreement and in conjunction with the various national Kashrus organizations. We also provide Get mediation and have a proven track record of successfully helping parties in receiving their gets through utilizing mediation in 100% of our cases.
