Divorce in Israel: A Step-by-Step Guide from A to Z

The Essence

The divorce process in Israel is a legal procedure that formally terminates a marriage. Depending on the spouses' religious affiliation, the process may take place either in the Rabbinical Court (for Jewish couples) or in the Family Affairs Court (for mixed or non-religious couples). The primary objective is to reach agreements on three main issues: division of property, support payments (for children and/or a spouse), and child custody.

Eligibility

The right to divorce is determined by the jurisdiction of the court relevant to the couple.

• Jewish Couples: The process is conducted exclusively through the Rabbinical Court (Beit Din Rabbani). The divorce is finalized upon receipt of a divorce document called a "get."
• Mixed Couples (Jewish man and non-Jewish woman / non-Jewish man and Jewish woman): The marriage annulment procedure is handled by the Family Affairs Court (Beit Mishpat le-Inyanei Mishpacha).
• Couples not belonging to a recognized religious community: The divorce is processed in the Family Affairs Court.
• Couples married abroad: The procedure depends on their religious affiliation and the recognition of their marriage in Israel. Typically, cases are heard in the Family Affairs Court.

Your Rights

During the divorce process, you have the right to a fair settlement of the following issues. The specific amounts and terms are determined either by mutual agreement or by a court ruling.

• Division of Property: All assets acquired during the marriage (apartments, cars, savings, pension funds) are divided equally, unless otherwise specified in a prenuptial agreement.
• Child Support (Mezonot Yeladim): The father is obligated to pay support for the maintenance of minor children. The amount depends on the parents' incomes and the children's needs.
• Spousal Support (Mezonot Isha): In Jewish families, the husband is obligated to support his wife until the "get" is issued. In other cases, this right is less common.
• Child Custody (Mishmoret): Determination of which parent the children will reside with and the establishment of a visitation schedule for the other parent.

Step-by-Step Guide

This is a general outline of the process. Each step requires consultation with an attorney.

1. Consult with an Attorney. The first and most crucial step. Do not take any action before speaking with a family law specialist.
2. Gather Information and Documents. Collect all financial documents, marriage and birth certificates, and information regarding assets and debts.
3. Choose a Strategy. Together with your attorney, decide which path to take:
   • Divorce by Agreement (Girushin be'Haskama): The fastest and least expensive method. The spouses sign a divorce agreement, which is then ratified by the court.
   • Contested Divorce (through the court): If an agreement cannot be reached, one party files a claim with the appropriate court (Rabbinical or Family Affairs).
4. File the Claim. Your attorney will prepare and file all necessary documents with the court.
5. Court Hearings and Negotiations. The process can take from several months to several years. The court will address issues of property, support, and custody.
6. Obtain the Court Ruling / "Get". Upon completion of the process, the court issues a final judgment. In the Rabbinical Court, a ceremony is held for the granting of the "get."

Document Checklist

This basic list will be required in any case. Your attorney will provide a precise list for your specific situation.

• Identity Card (Teudat Zehut) of both spouses.
• Marriage Certificate (Teudat Nisuin).
• Children's Birth Certificates.
• Bank statements for the last several years.
• Documents confirming ownership of real estate and vehicles.
• Information on pension and savings plans.
• Pay stubs (tlushei maskoret) or reports for self-employed individuals.
• Copy of the prenuptial agreement (if applicable).

Potential Pitfalls

• "Jurisdictional Race": The party who first files a claim (in the Rabbinical Court or the Family Affairs Court) may gain a tactical advantage. Act quickly, but only after consulting with an attorney.
• Concealment of Assets: A dishonest spouse may attempt to hide assets or income. It is crucial to conduct a thorough investigation with the help of an attorney.
• Emotional Duress: Do not sign any documents under pressure or without fully understanding their content. Any signed agreement is legally binding.
• "Get" Refusal: In the Rabbinical Court, a husband may refuse to grant a "get," or a wife may refuse to accept it. This can prolong the process for years. Legal mechanisms exist to combat this issue.
• Debts: Remember that upon divorce, not only assets are divided, but also joint debts incurred during the marriage.

Contacts and Links

As official links and phone numbers may change, it is strongly recommended to verify current information on official government websites. Search on Google using the keywords from the dictionary below. Your attorney will provide you with all necessary contacts.

Dictionary