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Why is Adultery a Challenging Legal Topic?
If asked to define adultery, a typical person would probably reply that it is a relationship that a married person engages in with someone other than their spouse. On the surface, this may seem to be a straightforward explanation, but the question becomes much more complex when viewed from the standpoint of Israel’s dual court systems.
What if the couple has a consensual “open” relationship where they are allowed to see other people? Is an emotional or virtual affair actually adulterous? How do you prove that adultery occurred? These and other issues make pinpointing a civil law definition of adultery difficult. Perhaps it is unsurprising then that the Family Court does not consider adultery a crime and does not require couples to prove that it occurred to obtain a civil divorce. However, that does not mean evidence of infidelity cannot impact a civil divorce case and the participants’ futures.
For Jewish couples, adultery becomes an even more highly charged topic because the religious court defines it in a specific manner, and it can affect many aspects of the divorce. For these reasons, it is imperative that you honestly discuss all issues within your marriage, including adultery or suspected infidelity, with your divorce lawyer. This forthrightness allows them to fully prepare for challenges that may arise during the process and determine the best method of moving forward with your case.
What is the Definition of Adultery Under Jewish Law?
In Halachic (Jewish) law, adultery occurs when a married woman has intercourse with a man who is not her husband. This act is taken very seriously by the religious court and is considered grounds for the dissolution of the marriage by the husband. However, proving that adultery actually occurred is very challenging, as the court requires the corroboration of two witnesses who saw the act.
How Can Adultery Relate to Divorce Proceedings?
Accusations or admissions of adultery can change the tone of divorce proceedings in both family and religious courts. Having your private life scrutinized in court can be uncomfortable and even humiliating. Still, it is essential to legally and mentally prepare for the situation if it plays a role in your case. It is difficult to predict precisely how adultery could affect your divorce’s outcome due to the many variables involved. Ultimately, in either jurisdiction, it is up to the presiding judge(s) to determine whether the alleged infidelity is relevant to the divorce settlement.
Adultery as an Issue in Family Court
While it is unnecessary to prove adultery or other wrongdoing to obtain a civil divorce, proof of infidelity may play a role in the court’s decisions regarding essential aspects of a divorce. For example, if a spouse was engaged in extra-marital relations during the relationship, it may put their trustworthiness and commitment to their children into question, resulting in reduced custody rights. Adulterous relationships may also impact the amount of child support payments ordered and the division of assets between the spouses. The actual effect of an accusation of adultery can vary significantly based on the supporting evidence presented and the court’s disposition, so it is crucial to discuss this topic with your lawyer if you have concerns.
Impact of Adultery in Rabbinic Court
While a Jewish couple can separate in the Family Court, they are still considered married in the religious court until a GET is obtained. The GET is a Jewish divorce document presented by a husband to the wife that dissolves the bonds of marriage and allows the individuals to remarry freely. However, even with a GET, Jewish Law forbids an adulterous woman from ever obtaining a Jewish marriage to the man she cheated with, though they may have a civil marriage ceremony or cohabitate as partners.
If the husband refuses to give a GET, his wife may be chained to the marriage and unable to have another relationship without it being considered adulterous. That being said, unreasonable GET refusal is usually frowned upon by the court and community, and refusers often face social repercussions for their actions. Prenuptial or postnuptial agreements may include language to reduce the likelihood of GET refusal and help avoid these painful situations.
Under the traditional interpretation of Jewish law, only men may claim adultery or an “act of ugliness” (which includes suspected adultery) as grounds for divorce in the Rabbinic Court. If adultery can be proven, the wife is obliged to divorce her husband, and he is not allowed to forgive her or try to reconcile the relationship. If a woman is found by the Rabbinic Court to have committed adultery, she forfeits her right to her Ketubah (marriage agreement) money. If the Rabbinic Court has jurisdiction over the entirety of the divorce, including custody and child support, these issues can be severely impacted by adultery accusations if sufficient proof is presented.
Why Should You Always Discuss the Issue of Adultery With Your Divorce Lawyer?
If your marriage has begun to unravel, talking about the most personal details of your relationship can be very uncomfortable. This discomfort may be increased when the topic is infidelity by either you or your spouse. However, it is critical to bring these issues into the open prior to the court proceedings to ensure your lawyer is not blindsided by any accusations and you get the best possible opportunity to receive the divorce settlement you deserve.
Much like a doctor, a lawyer can only provide optimal services if you give them all the necessary information. Your communications with your divorce lawyer are confidential and will only be used to benefit your legal strategy. To understand more fully how adultery and other topics could influence your divorce case, contact Hait Family Law at 077-200-8161 to schedule a complimentary strategy session today.
