Family Lawspace Divorce

 DIVORCE

Divorce is in the sole jurisdiction of the Rabbinical Courts. It is impossible to receive a judgment for divorce without grounds for divorce. It should be noted that the agreement of both sides is considered grounds for divorce.
If the divorce is contested the party desiring divorce will have to prove that they have legitimate grounds for divorce. It is important to note that claims of incompatibility or lack of love are not recognized grounds for divorce
Recognized grounds for divorce which a wife can claim against her husband include:

1. Refusal to have marital relations.
2.Sterility.
3. Any form of violence (verbal, physical, economic or sexual).
4. If the husband has physical defects which repulse his wife or if the husband has a disease which is both dangerous and infectious. These will not constitute grounds for a divorce if the wife knew about them before her marriage.

Recognized grounds for divorce which a husband can claim against his wife include:

1. The wife is barren for a period of ten years.
2. When a woman causes her husband to behave in a manner that doesn`t respect the Jewish religion. For example, when a woman makes her husband to eat pork, or prevents him from keeping the Jewish holidays, etc.
3. When a woman degrades her husband, or mentally abuses him.
4. When a woman cheats on her husband or when she refuses to have marital relations with him.
5. When a wife hides pre-existing physical defects from her husband.
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