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Does an Interfaith Couple Need a Get to Divorce?

From Lisa Katz, About.com Guide

Rabbi Barry Dov Lerner

Rabbi Barry Dov Lerner

Question: Does an Interfaith Couple Need a Get to Divorce?

Answer: The brief answer is that in the case of an interfaith marriage, a "Get" is not needed for the divorce to be legal. This is true even if the couple's wedding was a "Jewish ceremony" with a Jewish officiant.

Why? A Jewish marriage is one in which both the husband and wife are Jewish. The husband makes her his wife "according to the laws of Moses." The wife accepts the ketuba and ring also "according to the laws of Moses" and Jewish tradition. In contrast, when one of the partners is not Jewish, the marriage is not considered to be "Jewish" since the laws of Moses and Israel are not binding upon the non-Jew. Consequently, if the couple choose to get divorced, no "Get" is required.

A marriage between a Jew and a non-Jew is considered a civil marriage in the eyes of Jewish law and the government. The Jewish partner can remarry as soon as the civil authorities register a civil divorce according to the laws of the state.

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