Hackensack Religious Divorce Lawyer

In the United States, the institutions of Church and State are to be kept separate. This separation means that a judge, lawyer, or jury can do nothing to facilitate or make a religious divorce. Religious divorce is a common concept across many faiths to formalize the end of a marriage.

However, if you wish to have a religious divorce, there are some legal options available. You may require a religious divorce in the case of a separation in a marital contract prepared by a seasoned divorce lawyer, or you and your spouse could seek out religious arbitration in lieu of court proceedings. For more information on these options and how to legally ensure your wishes are respected during a separation, contact a Hackensack religious divorce lawyer.

Defining Religious Divorce

In many faiths, a legal divorce does not end a marriage within the faith. Judaism has a process called the Get and Roman Catholicism has declarations of nullity, and other faiths have their own forms of concluding a marriage. However, many other faiths do not recognize mutual or no-fault divorces, only recognizing a divorce based on adultery.

The Jewish Get puts spouses in front of a rabbinical court to formally bring an end to their union, and permit each spouse to remarry. The Roman Catholic church handles things a bit differently by requiring proof that certain conditions were not met at the beginning of the marriage, meaning that the marriage was never valid from the beginning. A Hackensack religious divorce attorney could explain these definitions in more detail.

Mediation and Arbitration During a Divorce

Many faiths that recognize official ends to marriages outside of adultery require or recommend some form of marital mediation to attempt to salvage the marriage. If mediation is a common requirement in the faith of either spouse, it may be wise to include stipulations about mediation in any prenuptial or postnuptial contracts.

Religious arbitration is becoming increasingly common in communities of faith. Religious arbitration is allowing a religious body such as a rabbinical council, religious tribunal, or other review board. Some people wish to have their separation handled within their faith and the laws of their religion rather than the laws of the land. For a full legal separation, both parties will need to obtain a civil divorce, but the terms can be decided in a religious tribunal if both spouses agreed to do so in a prior marital agreement drafted by a religious divorce lawyer in Hackensack.

Litigation in Hackensack Religious Divorce

In regards to litigation, a lawyer can not help in a religious divorce proceeding as that is between the divorcees and their faith(s). Likewise, a religious divorce carries no legal weight unless previously specified in a marital document.

One notable exception is a foreign legal divorce from states such as Israel. In Israel, civil divorce is only granted after a religious divorce has been completed, and Israeli divorce courts are rabbinical courts. The United States will recognize foreign civil divorce.

Contact a Hackensack Religious Divorce Attorney Today

Divorce is an incredibly personal process, and your faith may be a large part of that process. If you want religious arbitration or would like to ensure that your desire for a Get or declaration of nullity is respected, contact a Hackensack religious divorce lawyer today. A skilled family attorney could help you draft a marital agreement that protects your wishes or help clarify how religious separation may fit in with the civil divorce process.

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