Family Law for Olim
Rabbinical Court Divorce in Israel
A Guide for Olim
Divorcing in Israel as a new immigrant involves a court system that is unlike anything in the English-speaking world. Adv. Liron Elmaliach explains what to expect and how to protect your interests.
How Rabbinical Court Jurisdiction Works in Israel
Israel has no civil divorce for Jewish couples. Under the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 5713-1953, the rabbinical court has exclusive jurisdiction to grant a get — the religious bill of divorce that dissolves a Jewish marriage under both religious and Israeli civil law. This means that regardless of where you were married or where you came from, if you are Jewish and registered with the Israeli Interior Ministry, you cannot divorce without a get.
What the rabbinical court decides versus what the family court decides is an important distinction. The rabbinical court handles the get itself — and can also adjudicate financial matters (spousal support, property division) and custody if both spouses agree. The family court handles these civil matters by default if one spouse does not consent to rabbinical jurisdiction over them.
The concept of כריכה (joining / unkhing) is central to Israeli divorce strategy. Either spouse can file first in either court and "join" (krich) ancillary matters — property, custody, support — to that forum. Whichever spouse files first and joins all matters to one court often gains a significant procedural advantage. This makes the timing and venue of the initial filing a critical strategic decision.
For olim, the rabbinical court can feel foreign and opaque. Proceedings are conducted in Hebrew, the judges are rabbinical scholars (dayanim) rather than trained lawyers, and the procedural rules differ from the civil court system. An attorney who knows both systems is essential for navigating this effectively.
What an Attorney Does in Rabbinical Court
Attorneys licensed in Israel can represent clients before the rabbinical court — though not all attorneys are experienced in this forum. Adv. Liron Elmaliach represents clients before the rabbinical court in Jerusalem, drafting motions and responses, preparing clients for hearings before the dayanim (rabbinical judges), and arguing legal and factual positions in a setting where religious and civil law intersect.
Negotiating financial agreements is often a central part of the work. Many rabbinical court divorces resolve through a negotiated agreement — covering the get, property division, spousal support, and child arrangements — that is ratified by the court. An attorney can negotiate on your behalf, identify leverage points, and draft an agreement that protects your long-term interests.
Coordinating between rabbinical court and family court proceedings is another critical role. In many cases, there are parallel proceedings in both forums — and decisions in one can affect the other. Your attorney needs to track both tracks, ensure consistency in positions, and use developments in one court strategically in the other.
For olim, the attorney also serves as a guide to a system that can feel bewildering — explaining what is happening, what to expect, and how Israeli norms and practices differ from what you may have encountered in your country of origin.
Frequently Asked Questions — Rabbinical Court Divorce
Common questions from olim about divorce proceedings in Israel
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