Religious Divorce - Gett Procedures
The word "Gett" is an ancient term
for the twelve-line document (the numerical value of the Hebrew word
"Gett" equals 12) which marks the termination of a Jewish
marriage. Each Gett document has uniform language.
The only changes in text deal with the individuals named in the Gett
document as well as the name of the locale where the Gett is written. It
is the custom of rabbinic courts to keep all Gett documents on file and
to issue a certificate, called a "Ptur", to the parties who
participated in the Gett process.
FAQs
Below you will find some of the more
frequently posed questions we are asked about Gett procedures, and
concise answers to these questions.
CAN A GETT BE WRITTEN WITHOUT THE CONSENT OF
BOTH PARTIES?
No. A Gett is written when it is clear that the parties are both willing
participants in the procedure. It
is the expectation of our tradition that parties that were once bound by
sacred vows will respect each other sufficiently to participate fully in
the Gett process. This
cooperation allows both parties to proceed with their new lives, in a
spirit of propriety and dignity.
WHEN ARE GETT APPOINTMENTS AVAILABLE?
The Beth Din (rabbinical court, also spelled Bais Din,) meets, by
appointment, on Monday – Thursday from 9:30 A.M.- 11:30 A.M. and 2:00
P.M.- 3:30 P.M. Other times
may be available only be special appointment. The husband must come to
the Beth Din to initiate the Gett process, and the wife is also present
to complete the process. The
entire Gett procedure takes approximately 1 1/2 hours.
CAN A GETT BE WRITTEN WHERE THE DIVORCE HAS
NOT BEEN FINALIZED?
The Get is usually written after the
couple has been civilly divorced. This ensures that the Beth Din
will do nothing that interferes with applicable state law governing
dissolution of marriages. However, if a divorce is pending, a Gett
may be written earlier.
Experience has shown that civil judges
will enforce agreements concerning the writing of a Gett. It is
therefore desirable to include language about a Gett agreement in
divorce settlement documents. WHY ARE THERE
DIFFERENT FEES FOR A GETT?
The basic cost of a Gett allows the cRc to retain the services of a
scribe and five rabbinic aides who serve as witnesses and members of the
rabbinic tribunal. A
portion of the fee is allocated to administrative expenses that
accompany the running of a Beth Din.
When both parties are in attendance, the total Gett fee is $375.
Appointments will be made after the cRc receives an initial filing fee
of $150. This
non-refundable fee will be applied towards the total cost of the Gett.
If expedited service is requested, additional fees may be called for.
If the wife is unavailable to receive her
Gett from her former husband on the day it is written, an agent must be
appointed to deliver the Gett to her.
A second procedure is then required, and the rabbinic court must
be convened a second time. In
such cases, the fee charged is $450.
On occasion, the Beth Din may be available
for Gett procedures on days other than Monday –Thursday.
The cost of these special procedures will be $500.
WHO PAYS FOR THE GETT?
In some cases, a divorce settlement agreement will specify which party
is liable to pay for the Gett. Where this is not the case, the parties are expected to
discuss this point and inform the cRc of who will be liable for payment.
In many cases, the parties amicably agree to divide the cost of
the Gett. It is appreciated
when fees for the Gett procedure are received in advance of the date
reserved for its writing.
WHAT CAN I EXPECT DURING THE GETT PROCEDURE?
The Av Beth Din (head of the rabbinic court) meets with the two parties
to determine how their names are to appear in the Gett.
At times, English names and/or nicknames are used in lieu of
one's given Hebrew name. Once
the names are ascertained, the scribe and rabbinic aides are authorized
by the husband to serve respectively in their ritual functions.
After the Gett is written, the wife receives the Gett.
Both parties must assure the rabbinic court that there is no
element of compulsion in their participation in the Gett process.
The Gett procedure is conducted in the
privacy of the Beth Din Room - No outsiders or by-standers are present.
The procedure is not adversarial.
No cross-examination of the parties is permitted, nor are personal
questions posed about the nature of the marriage or the reasons for its
dissolution.
Many participants in the Gett procedures have commented that they have
appreciated the dignified and non-confrontational atmosphere of the Gett
process.
Questions about Gett procedures not covered here may be posed to:
Rabbi
Alan Abramson, Associate Administrator and Gett Coordinator of the Beth
Din. (773-465-3900, extension 106).
You may also email us at BethDin@crcweb.org.
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