Do you need a womans agreement in order for the husband to process a get?

Hello & Greetings

From the law of the Torah, a woman can get divorced against her will even if she does not agree, but Rabbeinu Gershom made a ban and regulation that does not allow to divorce a woman except with her agreement.

Rabbeinu Gershom regulation, was unilaterally accepted by all by the Ashkenazik communities.

However, regarding the custom of members of the sefardic communities, there is a great disagreement among the arbiters as to whether they should act according to this ban. The opinion of Maran Rabbi Ovadia Yosef zt”l that members of the sefardic communities do not need to act according to the regulation of Rabbeinu Gershom, therefore, fundimentaly, the court may order the divorce of the woman against her will.

Although it is important to note that the entire act of the ‘Get’, the writing, the appointment of the scribe, the witnesses, and the entire order in which it is given, must be only in an orderly Orthodox court, because there are many details of law that, without the knowledge of all the involved parties, it bacomes invalid. Therefore, I see no practical room for this question of whether the woman can be divorced without her will, because in any case it is the court that has to make the arrangement of the divorce, and is upon their reasoning whether the woman can be divorced or not.

Likewise, from a practical point of view today, the court does not order the granting of a divorce against a woman’s will, but rather appeases and persuades the wife to accept the get, and in exceptional cases even permits the husband to marry another wife in addition to his wife.

Best wishes for success

Rabbi David Ohayon

for sources click here