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Grounds for Divorce
When you are about to divorce, you must know that there must be a ground for divorce, and this is only in cases where both spouses do not agree to divorce. In case there is consent of both spouses to the divorce, a divorce agreement can be reached and it is highly desirable that the divorce agreement be drafted by a lawyer. After signing the divorce agreement it must be approved in the Rabbinical Court or Family Court.
Divorce Lawyers – Divorce According to Halacha
The act of divorce is carried out according to Jewish law in the rabbinical court between Jewish spouses. It is important to emphasize that even when the spouses are married in a civil marriage in Israel or abroad, the divorce takes place in the rabbinical court. In cases where the spouses are not Jewish but members of the same religion, the divorce takes place in the religious court of the same religion (Muslim courts, Christian courts, etc.). In cases where the couple are intermarried they must apply for a marriage permit to the Supreme Court.
How is a divorce act performed?
The divorce procedure takes several hours because it is written on a parchment scroll. The husband holds a the divorce note also called a “book of Kritot” and places it in the hands of the wife, who raises her hands, walks a few meters, returns, and with that the ceremony ends. The couple is required to come in modest fashion but there is no need to wear religious outfits.
Rabbinical courts have begun to impose sanctions on those who refuse to divorce (men and women). The restrictions are detailed in the Rabbinical Courts Law (Execution of Divorce Judgments) 5755 – 1995, and their imposition makes it very difficult for the refusing person (e.g.
Divorce Lawyers – Reasons to oblige a Woman to Divorce
When consulting divorce lawyers then one might understand that in very exceptional cases the wife can be obliged to give a divorce to her husband – below we will detail the reasons for doing so:
Mental illness as a reason for divorce Mental illness – when the wife is mentally ill and the husband did not know about it when he married her, then it is a reason to force the woman to divorce.
Physical malformations as a pretext for divorce Physical malformations – When a woman has a malformation that prevents a sexual relationship or infertility. If the husband lives with his wife for ten years and she cannot give birth, then that is a reason to impose the divorce on the wife.
Violence and permissiveness as a pretext for divorce – the woman acts in physical or verbal violence against her husband, acts in promiscuity. The husband can use this ground only when it is a routine behavior of the wife and with malicious intent to harm her husband (if these are isolated cases or they have justification due to the husband’s behavior then this ground cannot be used for divorce). It should be noted that if the husband forgives his wife and leads a married life with her then he will not be able to use this ground for divorce.
An offense against Jewish religion as a ground for divorce – a woman who causes her husband to intentionally violate the prohibitions of the religion. Like a woman who feeds her husband on non-kosher food without his knowledge. A husband who has not kept kosher in his home will not be able to use this ground. It should be noted that if the husband forgives his wife and leads a married life with her then he will not be able to use this ground for divorce.
Infidelity as a ground for divorce
Acts of ugliness. When the husband suspects that his wife has betrayed him without having proof of this he is allowed to divorce, but she is not forbidden to him and he can forgive her for that.
A wife who has committed adultery – this is the only case where the husband is not allowed to forgive his wife and he is obligated to divorce and the wife is forbidden both to her husband and to the other man. A woman who has committed adultery is not entitled to her Ktuba or alimony.
A woman who has been raped and the sexual act was involuntary, is not forbidden to her husband unless he is a Cohen and she does not lose her Ktuba and alimony.
Reasons for the forcing the husband to divorce
When consulting divorce lawyers then one might understand that in very exceptional cases the husband can be required to give a divorce to his wife. Forcing a husband to divorce is even more difficult in some cases than forcing a divorce on the wife, as in the case of infidelity, then it is not possible to oblige the husband to divorce if he is unfaithful to his wife. In any case it is best for you to consult a family lawyer.
Below we will detail the reasons for forcing the husband to divorce:
Mental Illness as a Ground in Divorce Claims Mental Illness – When the husband is mentally ill and the wife did not know about it when she married him, then it is a ground for divorce.
Violence as a Ground in Violence Divorce Claims – When the wife suffers severe violence from her husband, the husband can be forced to divorce.
Sexual relations as a ground in a divorce lawsuit – a husband who does not have sexual intercourse with his wife with a certain frequency without any health justification will be considered a rebellious husband and can be forced to divorce. A husband who has lost his manhood permanently can be forced to divorce.
Physical malformations as a ground in a divorce lawsuit Physical malformations:
A husband who suffers from a physical defect that causes his wife to be disgusted with him or who has dangerous and contagious diseases that prevent her from having intercourse with him, can be forced into a divorce. When the husband is barren he can be forced to divorce after it has been proved that the wife wanted a child and the husband is unable to impregnate her for 10 years.
Divorce Lawyers – Divorce Agreement
When the couple divorces, it is highly recommended that they have a divorce agreement that will include all the issues involved in the separation of the couple, such as: child custody, determining stay arrangements with the non-custodial parent, child support, division of property, sale of the joint apartment. A divorce agreement can be approved in the Family Court or the Rabbinical Court. It should be noted that in addition to the agreement, the parties must apply to the rabbinical court for a religious divorce. This agreement effectively prevents unnecessary arguments and frictions, since in the end an agreement must be reached on all the above issues and the earlier the better. This agreement saves a lot of time and money for both parties and prevents waste of precious resources on courts, lawyers and so on.
The divorce agreement can also stipulate a certain period in which the parties will try to reach a resolution for their marriage issues and if they do not comply then they will divorce according to the conditions set out in the agreement. In any case, it is better for you to consult a divorce lawyer.
In a consultation meeting with divorce lawyers you will receive:
✓ Understanding your personal case: Feel confident that we focus only on what is right for you.
✓ Knowing what to do and when, what to say and how: You will receive guidance and ready-made answers.
✓ Legal strategy: I will build a clear process for you and allow you to know your position at any stage of the process. ✓ Maximizing Results: You will know for sure that you are saving on expenses and still getting great results.
