Opening a divorce file is the first step in ending a marriage. In Israel, the divorce itself, meaning the giving of the get, takes place only in the Regional Beis Din. But before a claim can even be filed, there is a mandatory stage that many people don’t know about, and there are early decisions that shape everything that follows.
Step one: a request to settle the dispute
Since the Family Disputes Settlement Law came into force, in most cases you cannot file a divorce claim directly. First, you file a “request to settle the dispute” (bakasha leyishuv sichsuch). Both spouses are then invited to information and coordination meetings at the Assistance Unit (Yechidat Siyua) attached to the Beis Din or the court. These meetings explore whether the couple can reach an agreement, for example through mediation.
Once the request is filed, proceedings are on hold for two months, and this applies to both sides: neither the spouse who filed the request nor the other spouse may file a claim about the dispute. If no agreement is reached by the end of the two months, the spouse who filed the request to settle the dispute gets 15 more days in which only they may file a claim, so only they choose whether it goes to the Beis Din or to the Family Court. Once those 15 days are over, either side may file its claims, and whoever files first chooses where the case is heard.
There are exceptions: in cases of violence, and for urgent requests such as exit orders or injunctions, you can go to the court or Beis Din right away.
The key decision: where the related issues will be heard
The get itself can only be given by the Beis Din, but matters such as custody, the wife’s maintenance and division of property can be heard either by the Beis Din or by the Family Court. A spouse who files for divorce in the Beis Din and properly “attaches” (korech) these matters to the claim fixes them in the Beis Din. That is why it often matters a great deal who files first, and where. This is known as the “race to jurisdiction” (merotz hasamchuyot), and it is a decision best made together with a rabbinical advocate before the request to settle the dispute is filed.
Filing the claim
- Where: the appropriate Regional Beis Din, usually based on where the couple lives.
- What the claim includes: the details of both sides, the grounds for divorce and the facts behind them, and any related claims attached to the divorce.
- Fee: a filing fee is paid when the claim is filed. The amount depends on which claims are filed together with the divorce claim, such as division of property, child support, the wife’s maintenance and parenting time.
- How: you download the divorce claim form from the internet, fill it out, and send it by email to the Regional Beis Din.
Many people find filling out the forms daunting and confusing. A competent, experienced rabbinical advocate can make the process easier and make sure the claim includes all the right points for your case.
After filing, the Beis Din sets a hearing date at which both sides are heard.
Divorce by agreement
If both spouses agree to the divorce and on all of its terms, the process is much simpler and shorter. They file a joint request to approve a divorce agreement, the Beis Din approves it and gives it the force of a ruling, and a date is set for the get. In this case the dispute-settlement stage is not needed.
Why work with a rabbinical advocate
The decisions made when the file is opened, such as what to attach, when to file and where, affect the whole process that follows, and they can be very hard to fix afterward. A rabbinical advocate who specializes in family law can assess your situation before each step, draft the filings and represent you at the hearings in the Beis Din.
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