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LJN NewslettersNewsSectionsThe Matrimonial Strategist

Getting a 'Get'

BY Julia Swain
October 30, 2013

Many Jewish couples seek a Jewish divorce, known as a “get,” in addition to a civil divorce. Securing a get requires a husband to give it willingly and a wife to accept it willingly. Frequently, in the context of divorce, a power struggle ensues when one spouse withholds cooperation to secure a get as leverage to gain a more favorable economic settlement. Familiarity with Jewish marriage and divorce is necessary to navigate through these religious issues in a secular framework.

Jewish Marriage and Divorce

At the time of a wedding ceremony, Jewish couples sign a marriage contract, known as the Ketubah, which creates certain duties for a husband to a wife. In the Ketubah, the husband agrees to provide his wife with food, clothing, and conjugal rights. When there is no longer harmony in the home, Jewish law provides a process for divorce, which involves a proceeding before the Jewish Rabbinical Court, known as the Beth Din. The get can be secured before or after a civil divorce. However, it cannot be replaced by a civil divorce, because without the get, the couple is still married under Jewish law.

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