The legal situation in Israel with regard to marriage and divorce is particularly complex for a very simple reason. In Israel, unlike most countries in the modern world, matters of marriage and divorce are governed by the personal and religious law that applies to the couple. The State of Israel, as a Jewish and democratic state, subordinates its Jewish citizens to ancient Hebrew law in all matters relating to marriage and divorce. The same goes for members of different religions in Israel, which I will discuss in more detail below. It is important to know: the opening of a second chapter of life does not require the divorce of the ex-spouse in the Jewish legal sense, just as it does not require marriage with a new spouse. Divorce follows the same logic. State law, which follows Jewish law, states that for a divorce between Jews to be legal, the husband must present the wife with a Jewish document concluding the divorce. If divorce and separated couples were once a rare phenomenon in Israel, it has now become extremely common. According to the Central Bureau of Statistics, more than 11,000 couples have divorced each year in Israel over the past decade. However, these data show only part of the phenomenon. There are also separated couples in Israel who have never been the subject of formal divorce proceedings. There are many reasons why a married couple can stay separated but not legally divorce. Perhaps it is out of disgust with the government or the religious establishment; the desire not to dissolve the formal covenant of marriage for the sake of the children; or objective difficulties in dissolving the marriage or concluding divorce proceedings due to a lack of cooperation on the part of the spouse.
Indeed, a Jewish couple wishing to divorce must file a petition with the rabbinical court to this effect. The law that will apply at the time of divorce is halakhic Jewish law with its limitations. The fact that religious law applies during marriage and divorce exempts many couples in the country from its implementation, whether they are couples of different religions (i.e. mixed couples) who cannot legally marry in Israel, or same-sex couples who are not recognized by Jewish halacha, and Jewish couples who are forbidden to marry (e.g., B. a marriage between a Cohen and a divorced woman, which are prohibited by Jewish law). Legal status mediation in Israel is possible for both married and common-law couples. However, as long as the Israeli spouse is not divorced from a previous marriage, he or she cannot marry the foreign partner a second time. As long as such a situation persists, his only option is the path defined by the rules governing de facto marriages.
Of course, if the Israeli partner wants to marry the foreign partner, he must first arrange the divorce. Separation is difficult and painful for any couple, especially those with children. Often, pain and frustration arise as a result of family breakdown, which can be accompanied by feelings of guilt or failure, regardless of which party is most to blame. Moreover, in many cases, the parties feel alienated, hated and even hateful from the other, which exacerbates the difficulty of the situation. Underneath these emotions, the parties have a complex and complicated task – to clarify all the issues surrounding divorce themselves. The handling of these issues in court increases tensions, often creating an explosive atmosphere that makes respectful and fair separation difficult, both personally and in terms of property. Divorce in Israel is one of the most complex and sensitive issues, which is due to a number of reasons arising from the complex legal situation in Israel and the inherent difficulty of divorce proceedings. However, divorce in Israel consists of a variety of sub-processes, each of which requires specific knowledge and experience, as well as the patience of the parties conducting this procedure. These rabbinical judges almost never watch movies. They study Jewish religious and legal texts – all day, almost every day. Words guide his life and his judicial decisions. It is sufficient to allow the division of property and thus effectively create a de facto separation, even without divorce.
Some things change. Supporters are trying to make a legal civil status “separate”. Rachel Levmore, who was among the first women to serve as a lawyer before rabbis, says Jewish law is destined to evolve, but divorce law remained stalled a few hundred years ago. Regardless of whether a person identifies as Orthodox, their marriage must go through Orthodox channels. If a Jewish person wants to marry legally in Israel, their marriage must go through the rabbinate, the religious body governing the country. But it is important to note that for a large majority of people in Israel and abroad, there is a growing opinion that there is no connection between a divorce document and the conduct of a new relationship between a man and a woman. Many couples, and not necessarily people who have had to divorce or separate, live in unauthorized relationships. It should be noted, however, that for the woman, under Jewish law, a divorce ceremony performed before the rabbinical court allows the woman to remarry. Without divorce, in Jewish law, the cohabitation of an undivorced woman with a man who is not her legitimate spouse is considered adultery and can have consequences, but not in the judicial system.
As mentioned earlier, a petition for divorce must be filed with the rabbinical court, which has the power to do so. In Israel, there are rabbinical religious courts, which are regional courts. In fact, they are the first instance entitled to hear an application for divorce. Above the regional courts is a court of appeal, the Great Rabbinical Court. Decisions of the Great Rabbinical Court, as well as decisions of the Regional Rabbinical Court, can also be appealed to the Supreme Court, which sits as the Supreme Court. An application for divorce before the Regional Rabbinical Court is considered by a panel of three Dayanim, who are judges elected by the Dayanim Selection Committee headed by the Minister of Justice. Dayanim are not necessarily lawyers in their training, unlike judges, they are certified rabbis and know halachic-legal-religious law. Instead of each party paying for a lawyer to represent them in these costly lawsuits, a lawyer licensed as a mediator can make a deal.