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Does a gentile ex-cohabitor need to get a divorce document?
10-25-2016, 12:51 PM (This post was last modified: 10-26-2016 02:15 PM by Director Michael.)
Post: #1
Does a gentile ex-cohabitor need to get a divorce document?
Maimonides seems to teach that when Gentiles merely live together, they are "married". Does this mean that if someone wants to marry a person that used to "cohabit" with a boyfriend, that person needs to get a "get"? I am engaged, and my fiancée has never been married, but she did live with her long time boyfriend in the past. Does she need a "get" even though she wasn't married, and even though she says they never had the intention or plan of marrying?
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10-26-2016, 02:30 PM
Post: #2
RE: Does a gentile ex-cohabitor need to get a divorce document?
By "get a 'get,' " you're referring to the Hebrew name "get" for a Jewish document of divorce.

The answer to your question is no, that is not needed for Gentiles, nor if one of the partners was a Gentile and the other was a Jew [which is a forbidden relationship]. See "The Divine Code," 2nd Edition, p. 527, which is included in the following excerpt that also is posted on-line, at
https://asknoah.org/wp-content/uploads/p...rriage.pdf

In any Gentile marriage, if the two partners wish to separate, they may divorce at any time that either so desires. When the man sends the woman away from his house with the intention that she should not return to him, or when she leaves of her own accord with the intention not to return, they become separated, and she is considered divorced and single, and is not married anymore in the judgment of Torah Law. Within the Noahide Code, there is no need for Gentiles to have a divorce document [as stated by Maimonides for Gentiles, in Laws of Kings 9:8]. Nevertheless, it is preferable if there is a formal civil procedure for divorce in the society (such as a legal document or court record) [if the couple had an officially recorded marriage].
To dissolve the state of marriage, this divorce must be a resolute decision for permanent separation. But if they only have intention to leave each other for a period of time and then return to each other (perhaps having in mind that they may have relations with others in the interim), this is an abhorrent practice, and this leads to behavior that is under the category of a woman becoming married to two men.
In the reference to a decision for “permanent separation,” the meaning is that at the time they separate, they have made this resolute decision. However, if the Gentile man and woman change their minds afterwards and decide to return to each other in marriage, they are permitted to do so, even if the woman remarried in the interim, and her second husband divorced her or died.
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