The United States constitution mandates that there be separation between church and state. In the U.S., a divorce is considered a civil, non-religious matter and once a judge signs the final divorce papers, a couple is considered divorced. However, divorce documents may not be sufficient in the eyes of certain religions. Even if you do not consider yourself to be particularly religious, it is important to know and understand the difference between a religious and civil divorce. This blog post will highlight how the Catholic and Jewish religions view divorce.
Judaism
In Judaism, a man and woman are only considered to be relieved of their matrimonial duties through a bill of divorce known as a “get” or “ghet,” in addition to a civil divorce. The get is a dated and witnessed document given to the wife that acts as proof of the dissolution of the marriage. There are different types of gets depending on the denomination of Judaism. For example, within the reformed movement a get is not required. No lawyers are necessary for this process, only a Rabbi or a court of Rabbis. Each get is unique to the divorcing couple, and specifies that the husband is severing all ties with the wife. The entire process typically takes around one hour.
Traditionally, it is required for the husband to initiate and grant the divorce to the wife, though both parties need to consent. However, in the United States if a husband refuses a get and there is abuse or other problems within the marriage, there are lawyers, Rabbis and get advocates that support and find solutions for the woman.
The get is important to consider because under Jewish law both husband and wife cannot remarry without a get, unless they are part of the reform movement. Additionally, a child may be considered illegitimate if the mother’s previous marriage did not terminate with a get. As a Chicago divorce lawyer, I always encourage my Jewish clients to include religious considerations (a get) in their divorce decree to avoid potential frustration in the future.
Catholicism
The Catholic Church does not recognize divorce, making a sacramental marriage impossible to dissolve. However, the Catholic Church does permit an annulment, which is a process that determines whether or not the marriage was ever valid. However, an annulment is not a Catholic divorce, and instead states that the marriage never met the conditions to be considered a sacramental marriage.
The annulment process typically takes around one year, and involves several steps. The petitioner must first submit testimony about the marriage, along with a list of people who are familiar with the marriage and willing to answer questions about the marriage. The Church court will contact the ex-spouse, and although their cooperation is preferred, it is not essential to the process. Each spouse may appoint a Church advocate to represent him or herself before the church court. Once the church court reaches a decision, a second church court then reviews it. Although this is an extensive process, it is typically easier to be granted an annulment than is officially the rule.
Similar to Judaism, the annulment process is important in order for either spouse to remarry in the future, or attend communion at mass. If a Catholic divorcing couple is not granted an annulment and only receives a civil divorce, that couple is still considered married in the eyes of the Church. Thus, if one of the spouses remarries it would be considered adultery.
Now What?
If you or your spouse would like a religious divorce, in addition to a civil divorce, it may be stated in your divorce decree. If the religious divorce is a part of the divorce decree, both parties must agree to partake in the religious divorce, along with other factors such as the financial costs. It is helpful to decide upon this early on in the divorce process, because once the divorce is finalized civilly, it may be difficult to convince your ex-spouse to agree afterwards. Due to the separation between church and state, a divorce court cannot force a spouse to participate in a religious process for a get or annulment. However, if the divorce agreement provides that the parties will cooperate, the divorce court will enforce the agreement. For questions or more information on religious considerations within a divorce decree, please contact me.
