Divorce

According to data received from the Rabbinical Court, over 10,000 couples divorced in Israel in 2012. This represents an increase of 5% compared to 2011, and still counting. This data indicates the current change in recent years, in which the Israeli society is more open to Divorce Proceedings when more and more couples opt to part ways and open a new chapter in their lives rather than stay locked in an unhappy relationship.

Divorce Proceeding – where to begin?

When you are in a situation where you feel you have exhausted every possibility to save your marriage and have reached a final decision to appeal for a divorce proceeding, it is imperative to know the options available and what you would need to prepare for.

There are two parts to a divorce proceedings:

1. Divorce based on Personal Status:

Divorce Procedures in Israel are performed in accordance with the religion of the couple. For example: couples who are members of the same religion will undergo a Divorce Proceeding according to their personal religious law. Accordingly, Jewish couples must divorce in a Rabbinical Court, Muslim couples must divorce in a Sharia Court and so on. However, mixed couples of different religions or no religion must divorce in a Family Court through a Dissolution of Marriage Proceeding.

2. Divorce Agreement:

This is a process that accompanies a Divorce Proceeding, where the couple determines how the property will be divided between them, and in cases where there are minor children involved it will also determine custody, visitation rights, child support etc. If the couple is unable to come to an agreement on these matters, they can apply to Family Court or to Rabbinical Court who will resolve these disputes between them.

For Jewish couples, the Divorce Proceeding itself begins by applying for a divorce in the Rabbinical Court, and all other matters related to the conflicts between the couple can be taken up in the Rabbinical Court, or alternately, in the Family Court.

 

Who should you turn to – Rabbinical Court or Family Court?

For Jewish couples, divorce falls under the exclusive jurisdiction of the Rabbinical Court. However, both the Rabbinical Court and Family Court have the authority to discuss every claim related to domestic conflicts and they conduct themselves in the manner of ‘first come first served’. That is to say, that as a rule, the spouse who will open and submit the claim first will determine in which court the conflict between the parties shall be determined. This rule is also known as the ‘Race of Authorities’ and often the decision over which court will rule over the dispute is materially significant for the spouse and for the consequences of the conflict.

Which Court should you turn to?

Some say that if the man is the one who is interested in the Divorce, he should file in the Rabbinical Court, which tends to rule in the favor of men, and women should file in Family Court. Such statements can be misleading for the plaintiff, since often the opposite is true, and it all depends on the circumstances of the case, and the needs and wishes of the person filing for divorce.

If you have decided to start a Divorce Proceeding, you should consult an attorney who specializes in Divorce Proceedings!

It is quite likely that each of you has a relative, friend or at least an acquaintance who has undergone a Divorce Proceeding, and often several times. When you notify your friends and family that you are about to divorce, you will likely be flooded in opinions regarding the method for applying and to which court. Often, what is best for a friend does not necessarily serve your needs, and the excess of information might deter you from the appropriate path you should personally take.

An attorney that specializes in Divorce Proceedings can assist you in this complex and long process and will take your needs into consideration to steer you in the path that will best suit your present and future needs. Among other things, the attorney can assist you in ending the proceeding with an agreement between the spouses if possible, and will aid in bridging the gaps, will tell you which court to appeal to, will accompany you throughout the process with all the various bodies and will take care to maintain your rights.

Klarfeld Law Offices specializes in Family Law and especially in Divorce Proceedings, and can provide you with a personal, professional and discreet response.

To book a consultation with an attorney that specialized in Divorce Proceedings Contact Us