What is the Difference Between Get and Divorce?

Many people treat get and divorce as identical concepts, but under Israeli law they are two separate and important legal processes. Get is the religious-legal process in which a man grants a woman a get (bill of divorcement) in accordance with Jewish law, while divorce is the civil-legal process conducted in the Family Court, which deals with division of assets, children's rights, alimony and all matters related to the termination of marriage.

In Israel, the get and divorce processes must proceed in parallel or in a specific order to complete the entire procedure. If only one of them proceeds, the married couple remains in an unclear legal status, which can create legal, financial and religious problems. This is why it is very important to work with an experienced family law attorney, who will lead both processes in accordance with the law and ensure that your rights are protected throughout the process.

At Law Offices of Adv. David Serman in Modiin, we specialize in closely guiding couples through this complex process. We help you understand all the steps, your rights, and how you can protect your interests in the get and divorce process. With years of experience in family law, we know how to handle sensitive and complex situations, always with complete discretion.

Why is it Important to Distinguish Between the Two Processes?

This distinction is important because each process has different legal requirements, different parties (Rabbinical Court for get, Family Court for divorce), and different timeframes. If you begin only a divorce process without a get, or vice versa, it may create a legal complication that will harm the process and delay the complete termination of marriage. Additionally, if there are children in the family, the divorce includes decisions regarding custody, guardianship and visitation rights that must be coordinated with the get.

Stages of the Legal Process — Get and Divorce

The Get and divorce process progresses through defined and clear stages. Understanding these stages will help you prepare yourself and avoid unpleasant surprises along the way.

Stage 1: Initial Coordination and Agreement Signing

At this stage, both parties (or their attorneys) attempt to reach an agreement on all matters: division of assets, alimony, children's rights, custody, and visitation. If both parties agree on all matters, a marital settlement and divorce agreement can be signed, enabling a swift and cost-effective process. In this case, an experienced family law attorney will ensure that the agreement protects your rights and complies with all legal requirements.

Stage 2: Filing a Get Request with the Rabbinic Court

After agreeing on the main issues, a Get request can be filed with the Rabbinic Court. At this stage, the Rabbinic Court will verify that the Get is given with the consent of both parties (or is legally justified if one party refuses). The Get must be written by a certified scribe (sofer sta"m), and the process can take anywhere from a few weeks to several months, depending on the current backlog of the Rabbinic Court.

Stage 3: Filing for Divorce with the Family Court

In parallel with or after the Get, a divorce petition is filed with the Family Court. At this stage, the court will review the marital settlement agreement and ensure that all matters concerning children, assets, and pension rights have been properly addressed. If the parties have reached an agreement, the process can be completed within a few months. If no agreement exists, the court will conduct a full legal proceeding that may last years.

Stage 4: Receiving the Divorce Decree and Final Get

After the Family Court approves the divorce and the divorce decree is issued, and the Rabbinic Court has also approved the Get, the process concludes. At this stage, you are no longer legally married and can move forward with your life as a free individual.

Stage 5: Updating Government Documents

After the process is complete, it is important to update your government documents (identity card, civil registry, etc.) to reflect the change in your marital status. An experienced attorney can also assist you at this stage.

Comparison of Scenarios — Get and Divorce With and Without Agreement

The process of Get and Divorce can vary significantly depending on whether both parties agree or not. In the following table, you can see how the process differs in both scenarios:

As you can see, a consensual process is much faster, less expensive, and saves stress for both parties. This is why we always try to help our clients reach an agreement if possible. Additionally, when there are children in the family, an agreement on children's rights and visitation is often much better for the children than a court decision.

Important Rights You Should Know About in the Get and Divorce Process

When you go through a process of get and divorce, it is important to understand your rights. These are some of the most important rights:

Right to Legal Consultation

You are entitled to receive legal consultation from an attorney experienced in family law. This attorney will ensure that your rights are protected, that legal agreements are valid, and that nothing is done without full understanding of the legal consequences.

Right to Fair Division of Property

In Israel, property accumulated during marriage is considered joint property and is divided fairly between the two parties. This right is protected by law, and it is important that an attorney ensures that the division is fair and complies with the law.

Right to Maintenance

If you or your spouse have low income or no income, you may be entitled to maintenance from your spouse. This maintenance is calculated according to the formula established by the Supreme Court, and depends on the income of both parties and the needs of the recipient.

Children's Rights

If there are children in the family, children's rights are the highest priority in the divorce process. These rights include custody, guardianship, visitation rights, and also the right of each child to maintain relationships with both parents. The Family Court will always act in accordance with the best interests of the child.

Right to Privacy

The get and divorce process is highly confidential, and it is important that an attorney ensures that your privacy is protected throughout the process. Your spouse cannot use information collected in the process for harm or extortion.