Mediating the Jewish Divorce (the Get)
For divorcing Jewish couples, the civil divorce decree does not override the necessity of dissolving the Jewish marriage by way of a get (Jewish bill of divorce), under Jewish or Israeli law. Failure to resolve this issue as part of the divorce process may have severe consequences, for those who wish to remarry within the faith. We have an expertise in facilitating the execution of the Get prior to, or simultaneously with the entry of your civil divorce decree.
There are no additional fees for mediating or arranging for the execution of the Get in a rabbinic court as part of our comprehensive divorce package. However, if you wish to be accompanied to the rabbinic court by Esther Macner, an hourly rate will be charged.
For more information, see an article by Esther Macner, Tips for Religious Jewish couples that are Divorcing
The Get Process
The standard Get process is conducted in English, Hebrew or, if necessary, in the spoken language of the parties. It takes approximately 90 minutes. The officiating rabbi asks the parties some standard questions to ascertain their names (since the Get document must accurately identify the parties) and their desire to proceed with the Get process. The Get is written by a scribe and signed by two authorized witnesses. The husband then presents the get to the wife in the presence of the witnesses, thus effecting the divorce under Jewish law. Once the Get has been received by the wife, the Get parchment is cut by the supervising rabbi and it is retained in the Beth Din files. The Beth Din issues a certificate (the ptur) to each party, generally after the civil divorce is finalized, indicating that a Get has been given and accepted and that each party is free to remarry.
Jewish prenuptial/Arbitration agreements
We provide Jewish prenuptial/arbitration agreements to deter withholding of the Get by either of you and are enforceable in California courts. If you already have a financial prenuptial agreement we draft arbitration provisions that may be inserted into your prenup or as a modification thereto. These provisions are meant to foster cooperation by each party to execute the Get in a timely fashion.
Collaborative mediation or consultation
for family mediators or attorneys
Esther Macner offers her expertise, on an hourly rate, to family mediators/attorneys as a consultant or collaborative mediator. She also provides guidance and provisions to be inserted into a pre- or postnuptial agreement to deter Get refusal.