Role of Mediation, Arbitration, and Litigation in a Religious Divorce

women in suits sitting at table and talking

Religious divorces fall outside the realm of litigation. Frequently, religious divorces occur after civil litigation wraps up. The validation of a divorce through religious means does not affect anything the court order touches and serves only to restore the faithful to unmarried status in the eyes of their faith so they can remain devotees in good standing and remarry without spiritual or social consequences.

Religious Mediators and Arbitrators

Ecclesiastical institutions which oversee the religious divorce process can serve as mediators and arbitrators for couples seeking religious divorces.

Furthermore, a Jewish wife who divorced civilly and is having trouble acquiring her husband’s get can go before a Jewish court to present her complaint. There, the members of the court will evaluate the facts and hand down a ruling in the case, frequently directing the husband to hand it over – especially since the divorce was completed in civil court already. This is similar to arbitration.

Even in religions that do not constrain divorce, such as Hinduism and Buddhism, clerics can perform counseling services and put pressure on spouses who are acting uncooperatively. This is parallel to mediation.

Alternative Dispute Resolution in Religious Divorces

Studies have shown that using alternative dispute resolution (ADR) services increases the advantage divorcing couples have over litigating couples. They come out with more satisfying divorce settlements, feel that their voices were heard, and last but certainly not least, save thousands of dollars in legal fees.

All of these benefits directly affect the wellbeing of any children involved, since more money will be available for them, and the stress on their parents can be greatly reduced. Making use of church counseling programs, religious tribunals, or any other alternative to litigation found within the religious institutions can generally have this effect as well.

Call our firm for more advice and insight on the role of mediation, arbitration, and litigation in a religious divorce.

Click Here for a Consultation
Recent Blog Posts
What is the Process of Determining Child Custody Following a Divorce?
Divorce is a challenging time for a couple, especially when children are involved. Many questions may enter a parent’s...
Can Men Receive Alimony After a Divorce?
Going through a divorce is seldom easy for either party. Not only can it take an emotional toll, but...
How Location Impacts Divorce Law
Multiple factors regarding location contribute to the legality of filing for a Georgia divorce. Knowing where and how to...
View All Posts

Atlanta Divorce Law Group

Alpharetta Office

Atlanta Divorce Law Group
5755 North Point Pkwy
Suite 206

Alpharetta GA 30022

Alpharetta Office

Atlanta Divorce Law Group
3560 Old Milton Parkway,
Alpharetta GA 30005

Buckhead Office

Atlanta Divorce Law Group
3355 Lenox Road,
Suite 750

Atlanta GA 30326

By Appointment Only
Marietta Office

Atlanta Divorce Law Group
533 Johnson Ferry Rd
Suite D-450

Marietta GA 30068

By Appointment Only
Suwanee Office

Atlanta Divorce Law Group
593 Main St,
Suite B,

Suwanee GA 30024

By Appointment Only