Navigating Israeli Family Law: The 80-Day Process Before Divorce Filings
In Israel, initiating divorce proceedings requires a mandatory 80-day "dispute resolution" period before a formal lawsuit can be filed. This process begins with submitting a "request to resolve a conflict" to either the Family Court or the Rabbinical Court, costing a nominal fee of 120 shekels. Upon filing, a 15-day "first right" period commences, during which only the filer can submit a lawsuit in their chosen court. This procedural advantage is granted solely based on the timing of the initial filing, irrespective of its content.
Following the filing, parties are required to attend four mandatory, free sessions at a nearby Assistance Unit. These sessions, intended to provide information and guide conflict resolution, must occur within 45 days, with a possible 15-day extension. While the first meeting requires personal attendance, subsequent sessions can include legal representation. Parties can also use this period to reach an external settlement, potentially avoiding higher court fees and legal costs.
The 80-day period, extendable to 95 days, includes a 60-day procedural stay (or 75 with an extension), followed by five days for notification of intent to proceed, and the 15-day first-right window. Urgent requests, such as asset preservation orders or travel bans, can still be filed during this time. This period also serves as a crucial window for financial preparation, allowing parties to gather necessary documents like pay stubs and pension statements.
Court fees vary significantly based on the type of claim. A request to resolve a conflict costs 120 shekels. Claims for alimony or housing are 283 shekels, while property disputes between spouses cost 601 shekels. Property claims not between spouses are substantially higher at 3,481 shekels. Approving an agreement between spouses costs 541 shekels. Fees are indexed to inflation and updated twice annually, in January and July. Exemptions are available for the state, the general trustee, families of fallen soldiers, and those represented by legal aid.
Failure to attend the mandatory sessions can result in court-imposed costs or the dismissal of a filed request. This rule discourages using the resolution process as a tactical delay. Reaching a full agreement outside of court, particularly through a prenuptial agreement, can significantly streamline the process, with the primary remaining issues often being child-related expenses beyond basic alimony. The final court ruling dictates asset division and subsequent registration with financial institutions.
