Does a Dissolution of Marriage Equal a Divorce?
When a married couple wishes to terminate their relationship, they usually file a Divorce Process. The law in Israel
states that a Divorce can be filed and performed according to the religious law of the shared faith of the couple. This means that for Jews the Hebrew law applies in the Rabbinical Courts, for Christians the Christian law applies and for Muslims the Islamic law applies. But what can a couple do, if one of them is Jewish while the other is not or is without religion? The answer is in the Dissolution of Marriage Act (special cases and international authority) 5729 – 1969, which establishes a parallel process for Divorce, thereby enabling mixes couples to legally separate.
What is a Process of Dissolution of Marriage?
As you may know, the Rabbinate does not recognize a marriage of a Jew with a person of a different religion or without religion. In point of fact, the rabbinate views these couples as doubtfully married and therefore not eligible to Divorce in their institution. When such a couple wishes to separate in Israel they are required to file an alternative process for Dissolution of Marriage which grants the couple the same rights as a couple that divorces according to the personal religious laws.
How to Start a Dissolution of Marriage Process?
If you are interested in starting a process for Dissolution of Marriage, you must first petition the Family Court in the district where you last resided together, with the addition of documents that testify to your different religions and proof of the marriage. If one of you is without religion, you must also add an affidavit from an acquaintance that declares that they know that you are without religion. In some cases, the Family Court will contact the relevant religious court to inquire if a religious divorce is required according to the religion of the couple. Once the religious court replies that it is not required, the Family Court will approve the petition for the Dissolution of Marriage by ruling that verifies that the couple is legally separated and neither one of them should have any problem marrying someone else in the future in a religious marriage, if they so wish.
If you are interested in a Dissolution of Marriage, we recommend contacting an attorney experience in the matter!
A Dissolution of Marriage Process is difficult and complex for the couple, as is a Divorce Process, in light of the stress between the couple during the separation period, more so when children are involved. Often the couple will ask the court to approve a Divorce Agreement in addition to the Dissolution of Marriage, in order to divide property and to settle the custody and visitation rights of the children. An experience attorney specializing in Family Law and Dissolution of Marriage can aid you succeed the process with the least amount of friction and will aid you in achieving an agreement on a Divorce Agreement, so that you can complete the process in a manner that is acceptable to all the parties. If necessary, and in cases where the couple does not agree on the Dissolution of Marriage and the Divorce Agreement, an attorney that specializes in Family Law will aid you in the petition for Dissolution of Marriage and obtaining a Divorce Agreement that will serve your needs as much as possible.