{"id":1386,"date":"2013-12-03T09:36:59","date_gmt":"2013-11-29T06:39:30","guid":{"rendered":"https:\/\/www.edfreedman.com\/?page_id=1386"},"modified":"2014-06-16T11:31:55","modified_gmt":"2014-06-16T08:31:55","slug":"divorce","status":"publish","type":"page","link":"https:\/\/www.edfreedman.com\/?page_id=1386","title":{"rendered":"Divorce"},"content":{"rendered":"

The nature of divorce proceedings in Israel are determined by the religious community with which the parties are affiliated. Grounds for divorce in the Rabbinical Courts are very narrow. Unless the divorce is by consent, the petitioner must prove that the spouse has committed adultery; is incapable of conceiving children after 10 years of marriage; commits continuous acts of spousal abuse or refuses to fulfill their spousal obligations to engage in sexual relations.\u00a0 If the parties agreed to divorce upon request in a pre-nuptial agreement, it is not enforceable. The get<\/em> <\/i>must be granted willingly by the husband and accepted by the wife of her own free will. <\/i>A\u00a0get<\/em> that is granted due to an agreement is not considered to be given willfully but as the result of an obligation made within the framework of negotiations. <\/span><\/p>\n

If the husband refuses to grant the get<\/em> and the wife cannot prove one of the grounds for divorce, she may remain married indefinitely. On the other hand, a husband who seeks a Get but is unable to prove a cause of action against\u00a0 the wife, may seek special dispensation to remarry. This requires the approval of 100 rabbis and is rarely granted, but its very existence creates an imbalance in divorce proceedings among Jews.<\/span><\/p>\n

Grounds for divorce in Sharia <\/i>Courts <\/i>are simpler for the husband. A Muslim husband may divorce his wife by declaring three times that she is divorced. A wife must prove adultery or ongoing violence in order to receive a divorce. The Eastern Orthodox Church follows Byzantine law which permits divorce primarily on grounds of adultery.<\/span><\/p>\n

Separation is not a legally recognized status in Israel. The courts will take note of the date of actual separation when determining the distribution of assets. However as there are no prescribed circumstances which establish a distinct status, the issue often becomes a matter of contentious litigation. <\/span><\/p>\n

The Rabbinical Court can nullify a marriage where deceit which goes to the fundamental relationship of the marriage is proven. Nullity of a marriage exists in Catholic Courts according to the Cannons of the Catholic Church.<\/span><\/p>\n

The court with jurisdiction for\u00a0 couples of different religious affiliations is the Family Court. There are no\u00a0 grounds\u00a0specified by law, but a finding of an\u00a0irreparable breakdown of the marriage will usually be sufficient to grant the divorce<\/span>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The nature of divorce proceedings in Israel are determined by the religious community with which the parties are affiliated. Grounds for divorce in the Rabbinical Courts are very narrow. Unless the divorce is by consent, the petitioner must prove that… <\/p>\n","protected":false},"author":7,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-1386","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/pages\/1386","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1386"}],"version-history":[{"count":3,"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/pages\/1386\/revisions"}],"predecessor-version":[{"id":1772,"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=\/wp\/v2\/pages\/1386\/revisions\/1772"}],"wp:attachment":[{"href":"https:\/\/www.edfreedman.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}