Dissolution of Marriage Without Consent – one sided civil divorce in Israel

Deciding to separate and end a romantic relationship, and sometimes break up a family unit, is undoubtedly one of life’s hardest and most impactful decisions. Nevertheless, it’s a reality for many couples who feel they have exhausted their relationship for various reasons and decide to part ways. Couples who married under Jewish law in Israel can finalize their divorce through the Rabbinical Court. But what happens with interfaith couples who need to go through the process of marriage dissolution rather than a traditional divorce? Paricularly, how does the dissolution of marriage process work without consent from one of the spouses?

We provide here all the necessary information on marriage dissolution: what cases require marriage dissolution, what the process involves, who is subject to it, and what happens if one partner does not consent:

What is Marriage Dissolution?

Marriage dissolution, or civil divorce, is a complex process required when two partners belong to different religions and are considered an “interfaith couple.” An “interfaith couple” cannot marry within Israel; however, if they married abroad and can provide documents proving their marriage to Israel, they are considered married by the state in all respects.

Since the couple did not marry through a religious institution in Israel, they also cannot separate through such an institution because their religious laws and institutions governing their “personal status” in Israel differ. This is unlike cases where both partners belong to the same religion and can turn to their respective religious court—such as the Rabbinical Court, Ecclesiastical Court, or Sharia Court—to request a divorce.

It’s important to emphasize that for the state to approve a marriage dissolution process, the couple must be Israeli citizens and belong to recognized religions in Israel. Couples who meet these conditions can submit a request for marriage dissolution in Israel.

Before submitting the request, it’s essential to review the specifics of the case and ensure that both partners can indeed dissolve their marriage according to their respective religious law, i.e., their personal status law. If one or both partners are defined as lacking a religion, they must prove this status before the court.

Proof of Residence and Center of Life

As a rule, mixed couples usually marry abroad. If one or both still maintain a place of residence in a country where there is a civil marriage and divorce institution, it is often easier to divorce outside of Israel, avoiding the complex process of marriage dissolution in Israel.

When a marriage dissolution request is submitted, the Family Court considers the couple’s last place of residence. If the couple lives in Israel, Israeli law will govern the dissolution process. If their last shared residence was abroad, the applicable law will be that of the country where they shared a household. If the couple did not live in the same country, the court will rely on their last shared residence. If a couple living outside Israel cannot obtain a divorce abroad, they must provide supporting evidence for this claim to the court.

Religious Competence for Marriage Dissolution

If one spouse wishes to end the relationship, they must file a petition with the Family Court. The Family Court’s role is to examine each partner’s religion and whether those religions permit the dissolution of marriage.

For example, in a mixed-faith marriage where one partner is Jewish and the other Muslim, the petition for marriage dissolution must be submitted to both the Rabbinical Court and the Sharia Court.

The Rabbinical Court must submit its opinion within three months of the dissolution request to the Family Court. If there are grounds for divorce under Jewish law, the Jewish partner must comply with Jewish divorce laws. The Rabbinical Court has the authority to take any necessary steps to enforce divorce laws, including issuing an exit delay order. In cases where the Rabbinical Court deems divorce unnecessary according to religious law, the Family Court has the authority to review the case.

The Importance of the Marriage Dissolution Process

Marriage dissolution provides a solution for couples who do not share the same religion. The process requires determining the last shared residence of the couple and submitting the petition for dissolution based on this. For couples where both partners are “without religion,” the Family Court will make the decision based on civil law.

Documents Required for Marriage Dissolution Application:

• Photocopy of identification card, including the attachment or passport.
• Notarized translation and certification of a marriage certificate.
• Population Registry record of both partners in Israel. If both partners are “without religion”, this must be mentioned.
• Affidavit from both applicants.
• Declaration of religion or lack of religion.
• Court fee for filing the petition.

Dissolution Of Marriage Without Consent vs. With Consent: What’s the Difference?

If one spouse does not agree to dissolve the marriage, the petition can still be filed with the Family Court. The consenting spouse is required to provide the dissenting spouse with a copy of the petition. Afterward, they must wait for the spouse to submit a defense response.

If the spouse who refuses to dissolve the marriage does not submit a defense, and it is proven to the court that they received the document, the court can proceed with the dissolution of the marriage without their consent.

Thus, in certain cases, marriage dissolution can proceed without the explicit consent of both partners. However, it is a complex process requiring patience and substantial knowledge, making it essential to seek the guidance and close support of an experienced family law attorney to ensure a successful outcome.

Moreover, a spouse seeking dissolution without consent must include grounds for the request in the petition and attach an expert opinion regarding the religious requirements of the partner’s faith.

In contrast, dissolution by mutual consent requires an organized application through an expert attorney, both partners’ signatures on the dissolution request, a statement of their respective religions, and final submission of the agreed dissolution to the Family Court.

Grounds for Dissolution of Marriage

The grounds for dissolving a marriage vary significantly between the Rabbinical Court and the Family Court. In the Rabbinical Court, one must choose from a pre-approved list of grounds. Only if one of these pre-specified grounds exists can the marriage be dissolved. In contrast, the Family Court is generally less strict, and factors such as the couple living separately may serve as sufficient grounds to dissolve the marriage.

What is the Difference Between Divorce and Marriage Dissolution?

There is a fundamental difference between the two. Divorce can only occur in Israel when both partners belong to the same religion, allowing, for example, two Jewish partners to divorce in the Rabbinical Court. However, in cases of “mixed marriages,” where each partner belongs to a different religion (e.g., a Jewish woman married to an Arab man or a Jewish man married to a Christian woman), the couple must go through the process of marriage dissolution as required by the Marriage Dissolution Jurisdiction Law.

In the Rabbinical Court, both partners must fully agree to obtain the desired divorce (“get”), and in cases of disagreement, the process can take many years. In contrast, marriage dissolution can proceed in the Family Court without the other party’s consent if necessary, allowing for a dissolution without mutual agreement.

Why is a Lawyer Needed?

The process of dissolving a marriage without consent is complex both emotionally and legally. Therefore, it is essential to have the support and guidance of an experienced family law attorney. Such an attorney will be a compassionate listener, fully knowledgeable about family law, and can guide the partner seeking marriage dissolution through the process calmly and efficiently.

An experienced attorney will guide you through each step of the dissolution process, help you prepare the necessary petition, and handle all required details. Our extensive experience shows that a skilled attorney can significantly expedite the process and achieve the desired results. Choosing the right attorney is crucial, especially in cases of marriage dissolution, as they will help you address key family issues that can significantly impact your life, including the dissolution itself, child custody (if applicable), alimony, and division of property.

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