Commentary

Religious Divorce in the Context of Civil Law

Divorces can be unpredictable, messy and confounding for family law attorneys; moreover, some clients may also need a religious divorce. For such clients, in order to marry again within their house of worship, they may need to obtain a religious divorce document.

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Le Get (The Divorce), painting by Moshe Rynecki, c. 1930. Image via Rynecki.org/Wikimedia Commons

Marriage is a matter of more worth Than to be dealt in by attorneyship. 1 HENRY VI, ACT 5 SCENE 5, LINES 55-56, SUFFOLK TO OTHER LORDS

Divorces can be unpredictable, messy and confounding. Texas family lawyers frequently opine that every January brings not only the start of a new year but an onslaught of divorce litigation. For some clients, secular divorce is only the beginning of the dissolution process. Some clients may also need a religious divorce. For such clients, in order to marry again within their house of worship, there may be need to obtain a religious divorce document. Judaism requires a “get,” a Jewish bill of divorce. For Catholics, a “declaration of nullity” is the term. This is done via a Catholic Church tribunal. Some may view a Jewish Bill of Divorcement (a “Get,” or “Gittin”) or a Catholic “declaration of nullity” as antiquated. By contrast, for those “of the faith” the need for such a religious divorce is imperative in order to move forward, to bring closure on a bad union, and to open the door to remarriage within their faith. This article provides a broad introductory overview of aspects of religious divorce. The authors intend to cast no aspersions on these historical processes, but instead to provide an outline of the background and process of each, with the utmost of respect for religious divorce.

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