The Divorce in the Rabbinic Court - Part II

As opposed to other matters of divorce such as the division of property, maintenance, child support, etc. and in accordance with the current laws of Israel, the sole authority to grant a divorce verdict (“Get”) between Jews is the Rabbinical Courts according to the Jewish Laws (“Halacha”) as it has taken root over the centuries.

Before granting a divorce verdict, the Rabbinic Court will first and above all consider if there is a “kosher – Halachic” pretext justifying the decision.

As we have discussed in our previous article, there are many pretexts both sides can use in order to be granted a divorce. The Rabbinic Court has the authority to impose “Get” on both sides if necessary; and they do it more and more often.

This is the place to make it clear that not all lawsuits to a divorce (“Get”) end in an actual divorce. There are many cases in which one of the contenders in the case (either the wife or the husband) sues against the other without being able to prove his/her pretext resulting in a dismissal of the case without a “Get”.

This is true especially when the defendant (can be the wife or the husband) asks the Court for a procedure called “Peace in the House” or “Peace Among the Contenders” (“Shalom Bayit”). Only when the request is a sincere one, and not when asked for as a strategic move, will such a case be handled by the Rabbinic Court.

The Case:

Sarah and Rueben married each other according to Jewish Law. They lived happily together and had three children.

After nine years of marriage, Reuben’s business went into difficulties eventually causing tension between the couple until Reuben decided to leave the house and to live alone in his brother’s apartment.

A year had passed and nothing had changed, therefore Sarah turned to the Rabbinical Court asking for a divorce. In her claim she emphasized the fact that they were not living together anymore for over a year and therefore she was entitled to the divorce. Reuben on his side appealed to “Shalom Bayit” between the parties and explained that his wife`s request was a direct result of her own doing over the economic pressure the family was going through.

At the beginning of the hearing, the Chief Rabbi (“Av Beit Din”) asked Sarah why she would not agree to an attempt to reach a “Shalom Bait”. Sarah replied that she did not love Reuben any more – Sarah wanted the divorce.

Now the Rabbi asked Reuben the same question and Reuben replied that he still loved his wife and that in his opinion, after the economic difficulties passed, they could both rebuild their marriage.

The chief Rabbi told Sarah that in fact there was no “Halachic” reason (pretext) to order a “Halachic” Divorce (“Get”). At this moment, Sarah remembered she had heard that if a wife cheated on her husband (having intimate relations with another man) the Rabbinic Court had the duty to force a divorce upon the couple. Sarah then claimed that when Reuben left the House, she had sex with a tourist she met one weekend she went to rest in a hotel and therefore she claimed that the Court had the duty to order a divorce.

Reuben reacted immediately telling the Rabbi that Sarah was saying it just because she wanted the divorce and that in fact even after the separation they were still having sexual relations between them.

Sarah though she had a “winning card” so she asked both of them to be examined by polygraph.

Reuben, who had previously consulted with a lawyer, agreed immediately with the polygraph test. He knew that only proof presented according to “Halacha” can be accepted as a cause for a divorce. A divorce cannot be based only on a polygraph’s result, even when both sides have agreed. Only “kosher” evidence is admissible in court, such as: a video (acquired legitimately) proving above any doubts that there was actual intercourse between a married woman and someone who is not her husband or the testimony of two men who actually saw the betrayal or other acceptable proof in accordance with the laws of “Halacha”.

As we can see, not every request for a divorce ends in an actual divorce!

As we have already pointed out in our previous article, there are many reasons (pretexts) for a divorce. Each one of them has its own specific rules and for each one of them special evidence must be presented in Court.

The above indicates that it is advisable to consult with a lawyer before you present your case in Court; otherwise you may find yourself in a very bad situation. The construction of a legal strategy beforehand will have a tremendous impact on the success of your case and sometimes even save the family unity.

Sincerely,

Ronen Simon, Attorney at Law at Szajnbrum’s Law Offices