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Rabbinical Divorce: What You Need to Know About Its Legal Definition
Definition & Meaning
A rabbinical divorce, also known as a get, is a divorce granted by a rabbi according to Jewish law. This type of divorce is significant within the Jewish community as it directly affects the marital status of the individuals involved, particularly the ability of a Jewish woman to remarry. Unlike civil divorces, rabbinical divorces are not typically recognized by civil courts in the United States.
Table of content
Legal Use & context
Rabbinical divorce is primarily relevant in the context of family law within Jewish communities. It is essential for individuals seeking to remarry after a divorce, as Jewish law requires a get for a woman to be eligible to marry again. While civil courts do not recognize this process, understanding its implications is crucial for those navigating both civil and religious divorce proceedings. Users can manage some aspects of this process using legal templates provided by services like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A couple married under Jewish law decides to divorce. The husband approaches a rabbi to initiate the rabbinical divorce process. After discussions, the rabbi issues a get, allowing the wife to remarry in the future.
Example 2: A woman who has not received a get from her husband cannot legally remarry within the Jewish faith, even if she has obtained a civil divorce. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Rabbinical Divorce Recognition
New York
Recognizes rabbinical divorce in community practices.
California
Does not recognize rabbinical divorce in civil law.
Florida
Similar to California, civil courts do not recognize it.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Get
A rabbinical divorce document.
Specifically refers to the document issued in a rabbinical divorce.
Civil Divorce
A legal dissolution of marriage recognized by state law.
Does not require religious authority and is recognized by civil courts.
Common misunderstandings
What to do if this term applies to you
If you are considering a rabbinical divorce, it is important to consult with a rabbi who is knowledgeable about Jewish law. You can also explore US Legal Forms for templates that may assist in the civil aspects of your divorce. If your situation is complex, seeking professional legal advice is recommended.
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