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#1388711
The little I know
Participant

When you’re done with the modern thought process and subscribers of modern western philosophy, we can address our views of reality. A husband must willingly give a get. With few and rare exceptions, the wife must willingly receive the get. That is the nature of it, just like the process of conception involves each gender contributing what it is created to do. The bias issue enters when the terms of the termination are being set. The agreement must include division of assets, the co-parenting of children with the financial support issues, the legal status of the parents’ custody, etc. Yes, the batei din are apt to take sides, and many differing reputations exist. It is often that this division of assets involves complexity, so the drive in beis din for the get becomes the exception, not the rule. The common pattern of volleying accusations is typical, and dayanim are accustomed to this. However, they are human, and can easily be swayed to one side. And certain BD’s have a tendency to sway in one direction.

Where the unfairness enters the picture is not in the ritual of the get, but in the way the respective (usually not respectable) parties deal with the children and money. Each uses their plus as a weapon against the other, and this impedes the process of ending the marriage and allowing the two to go their separate ways. The only creatures that benefit from this are what we might call the “get industry”. This includes toanim, lawyers, batei din, and sometimes the frustrated mediators.