The Get — How to Obtain a Jewish Divorce in Israel

What Is a Get — The Jewish Religious Divorce

A Get is a handwritten document in which the husband declares that he divorces his wife and releases her to marry any man she wishes. It is written by a scribe (sofer) in the presence of the Rabbinical Court, signed by witnesses, and handed by the husband to the wife in a formal ceremony before the dayanim.

The central legal requirement: the Get must be given voluntarily by the husband. This is the source of the Agunah problem — when a husband refuses to give a Get, the court cannot "divorce" the couple by force, only impose sanctions and pressure him. The woman remains bound ("chained" — Agunah) until she receives the Get.

The Get is not just a religious requirement — it has significant civil implications in Israel: a woman who remarries without a Get is considered to have committed adultery under religious law, and children from such a union may be considered "mamzerim" (of uncertain lineage) under Jewish law. The severity of this is exactly why the law and courts take Get refusal very seriously.

Filing at the Rabbinical Court — The Process

The first step is filing a divorce petition with the regional Rabbinical Court. The petition includes the parties' details, the marriage certificate, and the contested issues. The court sets a date for the first hearing — usually within a few months of filing.

At the first hearing, the dayanim present the positions of both parties and attempt to bring about agreement. If the parties agree on all matters — the Get ceremony can take place quickly thereafter. If there are disputes — additional hearings are scheduled to resolve the outstanding issues.

An important strategic consideration: who files first — at the Rabbinical Court or the Family Court — can determine which forum has jurisdiction over related matters such as support and property. An experienced attorney will analyze the specific circumstances and choose the best strategy for the client.

Get Refusal — The Agunah Problem and Available Remedies

When a husband refuses to give a Get, the law provides several tools: the Rabbinical Court can issue restriction orders — passport revocation, driver's license suspension, credit card cancellation, blocking financial transactions; contempt of court proceedings; and in extreme circumstances — imprisonment. The Family Court can simultaneously determine property and custody matters in a way that reduces the refuser's incentives.

A parallel track: approaching organizations such as “Mavoi Satum” for public pressure on the refuser. Sometimes community pressure and social consequences motivate the refuser to give the Get when legal proceedings alone have not succeeded.

Mediation is often the most effective solution — because it allows the parties to resolve the underlying disputes (usually property or children) that fuel the refusal, thereby removing the incentive to withhold the Get. Adv. Liron Yitzhak Elmaliach, as a certified mediator, assists even in complex Get refusal situations.

Mediation as a Path to a Faster Get

In many cases, a Get is delayed not because of bad faith but because the parties have not reached agreement on property, custody, or support — and use the Get as bargaining leverage. Mediation directly addresses this root cause: once the parties reach agreement on everything else, the Get typically follows quickly.

A mediation process led by an attorney who is also a certified mediator has a unique advantage: the mediator can immediately translate the agreements reached into a legally binding divorce agreement — saving time and costs. Contact us for a free initial consultation to find out if mediation is right for your situation.