Hait Family Law

Understanding How Divorce Works in Israel

Divorce is a significant life event, and knowing how the process works can help make it less overwhelming. Here’s a simplified guide to the steps involved in getting a divorce in Israel, along with some interesting facts about divorce rates in different religious communities.

1. Filing Complaints:
– First, you’ll need to hire a lawyer who can help you navigate the legal process.
– Together with your lawyer, you’ll prepare complaints (called “Kitvei Tvia” in Hebrew) containing basic information about you and your spouse, details about your marriage, and what you hope to achieve through the divorce.
– You’ll need to sign affidavits confirming that the information in the complaints is true and grant power of attorney to your lawyer.
– These complaints will then be filed in the appropriate Family and/or Rabbinic courts.

2. Serving Papers and Response:
– The court will either serve the papers on your spouse or use a private process server to do so.
– Once your spouse has been served, the official divorce proceedings begin.
– Your spouse will have 30 to 45 days to respond to the complaints.
– Your spouse may also file countersuits or motions, but it’s important not to let them overly concern you.

3. Court Proceedings:
– Preliminary conferences will be held to address any initial requests, encourage agreement on some issues, and set timelines for the process.
– Evidentiary hearings will be scheduled, during which evidence will be presented and cross-examinations may take place.
– Following the evidentiary hearings, there may be oral or written summations.
– Eventually, the court will issue a written judgment.

4. Reaching an Agreement:
– Interestingly, most divorce cases (over 90%) are resolved before reaching the stage of a written judgment.
– Parties often come to an agreement through negotiation or alternative dispute resolution methods.

Additional Information:
– Divorce rates can vary among different religious communities in Israel.
– For example, Orthodox Jews in Israel may divorce due to factors like marrying young, becoming parents at a young age, or discovering hidden information before marriage.

This overview provides a simplified explanation of the divorce process in Israel, covering filing complaints, serving papers, court proceedings, and the potential for reaching an agreement. It also touches on some interesting facts about divorce rates in different religious communities.

*If you need help regarding any family law issues, we have resources and advice for you. Please reach out for help.
Contact me at 0733743094 or jay.hait@orcheidin.co.il.
On my website you can find free Ebooks on divorce, wills, prenups and more

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