Is it possible to get a divorce if one of the parties refuses? As a rule, the answer is no. Under Jewish law, which governs divorce between Jews in Israel, both parties must agree: the husband must give the get willingly and the wife must accept it willingly. There are, however, situations in which the rabbinical court can rule that the couple must divorce and apply measures designed to bring the refusing party to give or accept the get.
In Israel, the rabbinical court is the authority responsible for marriage and divorce between Jewish couples.
An Israeli divorce has two parts. The first is the signing of a divorce agreement, a stage that can be litigated either in the family court or in the rabbinical court. The second part, which closes the process, is the granting of the get, and that takes place only in the rabbinical court.
Even when the rabbinical court has ruled that the couple must divorce, that ruling alone does not make them divorced. The husband can still refuse to give the get, and the wife can refuse to accept it. In that situation, the answer to whether it is possible to divorce when one party refuses is still no.
The good news is that even then, the rabbinical court can take steps against the refusing spouse that are likely to bring about the giving or acceptance of the get.
In this article we ask whether it is possible to divorce when one of the parties refuses, examine when and how the rabbinical court will order a divorce, and look at the phenomenon of get refusal by husbands and by wives.
Is it possible to divorce if one party refuses – what happens when the husband refuses?
When the wife wants a divorce and the husband does not, she can apply to the rabbinical court and file a divorce claim. If the claim is accepted, the court will rule that the couple must divorce.
For the rabbinical court to rule that the husband must divorce his wife, a ground for divorce must be presented that justifies the ruling.
Grounds for divorce are the circumstances that justify and legitimize a ruling requiring a divorce.
They come in two types: objective grounds and subjective grounds.
Objective grounds include, for example, a husband who is infertile, or a husband with an illness or physical defect he concealed from his wife before the marriage.
Subjective grounds include a husband who cheated on his wife, a husband who is violent toward her, a husband addicted to drugs, a husband who forces his wife to violate the laws of the Torah, and more.
Is it possible to divorce if one party refuses – what happens when the wife refuses?
For the rabbinical court to order a divorce despite the wife’s refusal, the husband must prove that the wife is infertile and cannot bear children. Another situation in which the court will impose a divorce ruling on the wife is when she has been unfaithful to her husband.
Is it possible to divorce if one party refuses – the solution: sanctions against get refusers
When the divorce claim has been accepted and the husband still refuses to grant a get, the rabbinical court can impose sanctions designed to compel him. These include revoking his driver’s license, barring him from leaving the country, restricting his ability to obtain or renew a passport, restricting his ability to be elected to or serve in a civil service position, restricting his ability to open or maintain a bank account or write checks, restricting his ability to practice a licensed profession or operate a business that requires a license or permit, such as an accountant, lawyer, pharmacist or doctor, seizing real estate and movable property, and seizing pensions and allowances. In severe cases the rabbinical court even has the authority to imprison a man who refuses to grant a get.
When the wife refuses to accept a get, the rabbinical court has the authority to impose restrictions and sanctions on her as well, such as an order barring her from leaving the country, revocation of her driver’s license, or declaring her bank account restricted so she cannot write checks, and in extreme cases the court can order her imprisonment.
Attorney Avital Horef, a divorce attorney in Tel Aviv, notes that sanctions against the wife may be imposed only with the approval of the president of the Great Rabbinical Court.
Is it possible to divorce if one party refuses – the husband’s remedy: a marriage permit
The rabbinical courts are in no hurry to impose sanctions on a refusing wife, because in her case there is an indirect route that allows the husband to remarry: a marriage permit, known as heter nisuin. When the court is persuaded that the wife refuses and will not accept the get, it can grant the husband a marriage permit allowing him to marry a second wife. Note that under Halacha, a marriage entered into after receiving such a permit is valid, the husband may have children, and they will not be considered mamzerim, that is, illegitimate under Jewish law.
So, is it possible to divorce if one of the parties refuses? In principle no, but there are ways to solve the problem
The authority responsible for Jewish marriage and divorce in Israel is the rabbinical court. The law requires that divorce be by mutual consent, but there are recognized grounds that will lead the rabbinical court to rule that a divorce must take place, and there are several tools for enforcing that ruling.
