Legal Question in Family Law in Israel

Divorcing with dual citizenship

Hi, my children and I have dual citizenship (U.S. and Israeli). I plan on divorcing my Israeli husband and want to figure out if I should file for divorce in Israel or in the U.S.A. If the filing takes place in the U.S.A. (NY), will this mean anything to the Israeli court (i.e. prevailing U.S. law applies), if my husband later files for divorce in Israel ? I wish to avoid being dragged through the religious court which can rule in his favor. I'm looking for a civil dissolution of my marriage, alimony, etc.. He wants to keep the children in Israel, I want them with me in the USA. FYI - in Israel if I file in the civil court first, he cannot force me to go through the religious court. Whoever is filing first, has the right to chose the venue and this selection is binding upon the other party.


Asked on 1/10/09, 7:57 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Divorcing with dual citizenship

I have dealt with this issue before. There are so many layers to your question and forms that you may have signed before your wedding, that this forum is wholly inadequate.

However, let me take a quick stab at your question. (Which should not be construed as legal advice!)

I think that you would have a much better result regarding custody, in an American court. And I would contact an attorney an file as soon as you can.

If you are worried about becoming an aguna, then I would get all custody issues resolved in civil court and perhaps get maintenance decided in an american beth din.

However, even if you had custody decided in an american beth din, a civil court in America gets final say on custody becuase of their obligation to rule "in the best interests of the child". They are also usually partial to the mother.

I would not submit to jurisdiction in an Israeli beit din.

You should contact a lawyer who is familar with your religious issues as well as your domestic relations issues immediately.

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Answered on 1/10/09, 9:06 pm


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