Divorce in Rabbinic Courts in Israel
This article will discuss divorce in Rabbinic Courts in Israel.
Israel’s Personal-Religious Law is Exceptional
First, it’s important to note the uniqueness of the Israeli law system compared to many other Western countries. Family Courts in Israel, which deal with family law and personal status issues, have jurisdiction over all family matters except marriage and divorce. Rabbinic Courts in Israel primarily have authority over marriage and divorce, although they also deal with Jewish status and conversion, among a few other issues. When divorcing in Israel, couples must go to the Rabbinic Courts if they are Jewish, and to other religious Courts if they are members of other recognized denominations.
If the spouses are officially “lacking in religion” or are members of different faiths, they must dissolve their marriage at the family court.
Divorce in Rabbinic Courts in Israel
Rabbinic Courts are regional, and there are 12 throughout the country. In order to get a divorce, a divorce claim must be submitted to the regional Rabbinic Court. There are three judges sitting in each court, rabbis with a deep understanding of Jewish religious law. These rabbis do not need to be lawyers to have these positions on the committee.
Both parties must submit a divorce claim in the Rabbinic Court, and the plaintiff is required to submit a statement defending their need for a divorce. According to Jewish law, there are a few legitimate reasons to get a divorce, including violence, cheating, physical disability, and breaking Jewish law, among others. Once a claim is submitted and a fee is paid, a session will be held to hear both parties. If the parties disagree about the need for a divorce, the Rabbinic Court will hold a number of sessions to hear more evidence. If, after the sessions, the court approves the divorce, it will set a date to arrange a get, and a divorce verdict will be issued.
It’s important to note that any decisions of the regional courts can be appealed to the Supreme Court.
Divorce through Negotiation
It is possible to apply for a divorce in the Rabbinic Court after the couple negotiates the terms with one another, allowing them to avoid submitting a divorce claim. The couple can submit a claim approving the divorce agreement, allowing them to avoid complicated divorce procedures, drawn out legal disputes, and higher legal fees.
Please see our website for many more articles on divorce and family law in Israel. We also provide tips on how to choose a divorce lawyer.
Contact Us
Our law offices specialize in numerous legal fields, including family law. Advocate Anat Levi specializes in family law and divorce, and she can provide legal counsel on divorce in Rabbinic Courts in Israel.
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