Religious Divorce
A civil divorce decree that has been appropriately reviewed and signed by the judge, filed in court and served on both spouses will effectively terminate a marriage. A religious divorce, often considered once a civil divorce has been finalized, can give a ex spouses a sense of closure and allow them to benefit from remarriage in a religious ceremony.
The Jewish Get is a writ of divorce provided for couples of Jewish descent. If one spouse is not Jewish a Get is not an option. The husband asks a trained scribe to write the get which he then presents to his wife in the presence of a rabbinical tribunal, Beth Din, consisting of three individuals and two witnesses. The wife’s acceptance of the Get finalizes the divorce. There is no reference to responsibility, fault or the details of a settlement in the Get. The Rabbi will issue a certificate of proof attesting to the fact that a Get was properly drawn up, delivered and accepted.
In order for a church annulment to be obtained, the couple must demonstrate that the factors necessary for a valid marriage did not exist. These include three criteria: 1. A defect of canonical form, such as being married by a Justice of the Peace without getting permission from a Bishop, 2. An impediment to the marriage, such as being under aged or married to someone whose previous marriage had not been annuled and 3. Lack of consent due to mental illness, abuse of alcohol or drugs or physical abuse. The parties petition the church for an annulment on the grounds that their marriage is invalid. Spouses do not seek to blame each other in order to obtain an annulment. A religious tribunal will seek information which confirms the statements of the petitioners. If a decision is made in favor of a church annulment, it will be reviewed by another tribunal of at least three judges. If the second court agrees, a decree of nullity is issued and both parties are free to remarry in a religious ceremony.
A civil divorce decree or settlement agreement should include language indicating that the couple will cooperate and help in providing information necessary to obtain a Get or annulment.