An appeal must be filed within 30 days of receiving the judgment. In special cases, the Rabbinical High Court (Beit Din Hagadol) may extend the deadline for filing an appeal when extenuating circumstances apply. As an extension is not guaranteed, it’s better to file early and update your appeal later if necessary.
Yes, it is often recommended, and in second marriages it is considered standard practice. Although the law states that assets owned prior to the marriage remain with the original owner, a Supreme Court ruling allows for some assets to be divided equally in the event of a divorce, even if they were owned by only one party before marriage. Therefore, when substantial assets are involved, such as an apartment, a prenuptial agreement is advisable.
In Jewish law, unlike civil law, the principle of “finality of proceedings,” does not arbitrarily or automatically close the case. This means that a case can be reopened at any time if new evidence that was unknown to the litigant during the original proceedings comes to light.
However, the Beit Din may request a deposit to ensure that the appeal is being made in good faith, and not just as a stalling tactic.
Typically, the rabbinical court hears cases before three judges, with the exception of technical rulings or temporary ordinances that do not determine the outcome of the case. These can include asset freezing, travel restriction orders, cease and desist, and restraining orders, where a single judge may preside.
Additionally, if both sides accept the authority of a single Judge, monetary issues can also be decided without a full Beit Din of three Dayanin.
Both the rabbinical court and civil court have concurrent jurisdiction over spousal alimony.
Generally, the case will proceed in the court where it was originally filed, unless a specific judicial body was specified in a written agreement between the sides.
If both parties agree to the divorce, and are willing to sign a divorce settlement, the process is quick. However, in cases where there are disputes between the parties, the timeline varies from case to case, and there is no set timeframe for completion. Without the proper guidance in navigating the bureaucracy, it can take months or even years before everything is wrapped up.
Yes, you can file a claim without a Toen Rabani, but it may lead to unwanted and unfortunate outcomes. Because of the emotional involvement, self-representation is often highly stressful, and ineffective. Working with a competent Toen Rabani will save you money and heartache, and will speed up the process, enabling you to get back to rebuilding your life sooner, and from a place of strenght.