Hait Family Law

Men: Choosing Between Family Court and Rabbinic Court in Divorce

A common belief is that men should always file in the Rabbinic court, while women should opt for the Family court—but this is not always true. As someone who has represented both men and women in both courts, I can tell you that the right choice depends on your specific case. Here are key factors to consider:

Key Differences Between Family Court & Rabbinic Court

  • Consolidation of Lawsuits: The Rabbinic court allows all issues—child custody, support, and property division—to be handled in one lawsuit. In Family court, multiple lawsuits may be required.
  • Asset Valuations: Family courts have a more sophisticated approach to evaluating the value of assets.
  • Child Custody & Visitation: Family courts tend to handle custody cases with greater professionalism, using psychologists and social workers for assessments.
  • Religiosity as a Factor: The Rabbinic court may consider changes in religious observance when making decisions.
  • Division of Assets: In some cases, Rabbinic courts may offer more protection for a woman’s assets than the Family court would.

Which Court is Better for Men?

Every case is unique, but all else being equal, I generally recommend Family court—especially for custody and visitation matters. Family courts tend to be more consistent and professional in handling these issues, ensuring fairer outcomes for fathers.

If you’re facing divorce in Israel, make sure to seek professional advice to determine the best legal strategy for your situation.

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