Almost everyone assumes that getting divorced takes a great deal of time, patience, and money, but it does not have to. How long a divorce takes depends on both parties. Everyone would rather the process move as fast as possible and cost as little as possible in time and money. That is achievable, but it takes two. When the spouses are ready for the process, when both want to finish quickly, and above all when both are willing to compromise, a divorce can be completed within a few weeks. When one party, or both, is driven by hatred and anger, the process can drag on for a long time.
In this article we look at how the complexity of the case affects how long a divorce takes, and we compare the timeline in the Rabbinical Court with the Family Court, and a divorce by agreement with a divorce full of disputes.
How long does a divorce take – it depends on the complexity of the case
A divorce is a multi-stage process, and depending on the circumstances, each stage can shorten or stretch the overall timeline.
Stage 1 – the decision
The decision stage is where you decide you want a divorce and notify the other party. This is the step that sets the whole process in motion.
Stage 2 – the separation
Sometimes couples decide they want to divorce but hesitate to act on it. Some seek counseling at this stage, and some decide after a while to separate and set out on the road to divorce.
Stage 3 – dividing the property
How long the divorce takes often turns on the property stage. When the spouses accumulated substantial property during their life together and cannot agree on how to divide it, the divorce can stall, sometimes for a long time, until they reach an agreement.
When the couple signed a prenuptial financial agreement, the property stage can be far shorter.
Stage 4 – settling custody and child support
Custody and support arrangements also affect how long the divorce takes. When the parents agree on the amount of child support and on how custody of the children is divided, this stage can be short and quick. When disputes arise over the amount of support or over who will be the custodial parent, those disputes stretch the process.
Stage 5 – litigation
When the couple arrives at the family court or rabbinical court hearings having already agreed on property, support, and custody, the divorce can be short, sometimes a matter of weeks. When the couple is fighting and each side wants to “win” and prove its case, the divorce can take a long time.
How long does a divorce take – Family Court versus Rabbinical Court
Israel has two judicial forums with overlapping jurisdiction over much of the divorce process: the Family Court and the Rabbinical Court.
In general, a divorce case moves faster in the Family Court than in the Rabbinical Court, which carries a heavy caseload and currently has a shortage of judges.
Statistics put the average length of a divorce case at about a year and a half. As noted, though, the timeline can stretch when the case is more complex, when one spouse deliberately plays for time to wear down the other, or when hearing dates are postponed, spreading the process over a long period.
When a couple opens a divorce case in the Rabbinical Court, the court may first send them to attempt shalom bayit, marital reconciliation, for a period of about six months, and only if reconciliation fails will it schedule hearings.
Another factor that lengthens the process is when the couple litigates simultaneously in the Family Court and the Rabbinical Court.
Keep in mind that one of the spouses may appeal the ruling to the District Court or the Great Rabbinical Court, and an appeal extends the average length of the divorce.
One more factor that affects how long a divorce takes is get refusal. A husband who refuses to give his wife a get can drag the divorce out for many years, and the data show that refusal cases do in fact run on for years.
How long does a divorce take – how can you shorten it?
The way to a short divorce is mediation. In mediation the couple works with an outside mediator and holds joint sessions aimed at an amicable divorce.
Unlike litigation, where the spouses argue inside the courtroom in a process that can last a long time, in mediation the spouses do not depend on hearing dates handed down by the court registry. They set the time and place of the meetings themselves, and if they wish, they can pick up the pace.
Remember that at the end of the mediation process, a divorce agreement still has to be signed with a lawyer, in Jerusalem, in Tel Aviv, or anywhere else.
Ultimately, how long a divorce takes depends on the path you choose
You can take the short path and reach agreements through a mediator that both sides can live with, or you can take the long one, litigate every stage, argue inside the courtroom or the rabbinical court, and stretch the divorce out over years.
