Divorce - Jewish Couples - Women's Grounds

This section covers the legal grounds upon which a woman is entitled to divorce her husband under Jewish law.

Physically Violent Husband – Divorce Ground

Question:

My husband has become physically violent. He slaps me round the face regularly, pushes me against the wall, or even onto the floor if I disagree with him, or displease him. Will the rabbinate give me a divorce because of his violent behaviour ?

Answer:

Physical violence is a ground for divorce in Jewish law. You will need

proof though. If you have documentation at hand ( for example, complaints you made to the police or medical reports if you had to go to hospital or your doctor regarding injuries sustained in one of the attacks), then hold on to it. If not, and there is a re-occurrence of violence ,lodge a complaint with the police and go to your doctor/hospital.

Verbally Abusive Husband – Divorce Ground

Question:

My husband is extremely hurtful. He is really nasty to me, bullies me, says I am useless and shouts and curses me. He also says terrible things to me about my parents and my brothers and sisters. He forbids me visiting my family.I can’t stand it any longer. Can I divorce him because of all this?

Answer:

Yes, Jewish law recognises a husband’s extremely negative behaviour as a ground for divorce.The behaviour you have described certainly sounds sufficient grounds for divorce, under Jewish law.

No sex – Ground For Divorce

Question:

My relationship with my husband has deteriorated terribly. He has refused to have sex with me for several years, though he is perfectly capable of doing so physically . We’re both Jewish. Can I get a divorce ?

Answer:

Yes. Under Jewish law, a man has a marital obligation to fulfil his wife sexually. Now, if he is perfectly capable of having sex with you, but merely refuses to do so, then he is potentially a “rebellious husband”, though this is difficult to prove – as usually each side blames the other for refusing to have sex . If, however, you are successful in proving this at the rabbinical court then you will be entitled to a “get” (Jewish divorce) from him.

Loveless Marriage – Wife "Fed Up"

Question:

I do not love my husband any more, and am totally fed up with him. Is this sufficient grounds for divorce under Jewish law ? I still consent to having sex when he initiates it.

Answer:

Not loving one’s spouse can be regarded as “being fed up” with him, which is grounds for a woman to divorce her husband under Jewish law. However, having intimate relations runs counter to this ground for divorce, so that a wife who is "fed up" with her husband does not have grounds for divorcing him if she continues to have intimate relations with him.

Impotent Husband – Divorce Ground

Question:

My husband is impotent. He cannot get a proper erection and has a low sperm count. I have had enough. Can I get a divorce under Jewish law because he is impotent ?

Answer:

Yes, you could though impotency is a problematic ground under Jewish law. Firstly, aside from whether you already have children, whether by your present husband or whether from a previous marriage, you are entitled to intimate relations and sexual enjoyment with your current husband, who under Jewish law, has a marital obligation to fulfil you sexually. Today, with the advances in treatment of sexual problems, your husband’s impotency may be curable. If it is temporary, then you have no grounds for divorce but if suitable evidence is provided that his affliction is incurable, then you should be entitled to a divorce on this ground.

Husband’s Infertility - Divorce Ground

Question:

Can I get a divorce because my husband can’t get me pregnant? We’re both Jewish and have tried for a baby without success for years. My husband suffered an injury to the lower part of his body which stopped him producing sperm. The fertility clinic says there is no hope of him impregnating me. He won’t hear of me having sperm from a donor. I don’t want to adopt .I am young and fertile, although my biological clock is ticking away. I fantasize about re-marrying and having my own baby with someone else.

Answer:

Yes, a husband’s fertility is a ground for divorce under Jewish law. If you can meet certain pre-conditions set aside by Jewish law, and prove that your husband is totally infertile, then the Rabbinical Court could make him divorce you.

Under Jewish law, if you want to divorce your husband because he can’t give you children you must(1) have been married at least 10 years, (2) have had no children together and (3) you must clearly want children and show you are medically capable if bearing them and that the problem lies with your spouse. Your greatest legal challenge will lie in proving your husband’s infertility - obtaining the necessary medical evidence.

Aids Risk - Grounds For Divorce

Question:

I am terrified of having sex with my husband because of the risk of catching Aids . Before we met he had just finished a drug rehabilitation programme. Now he’s back on hard drugs . We are both Jewish. Can I get a divorce ?

Answer:

Yes. Under Jewish law a wife is entitled to divorce her husband if he is a hard drug addict because he is in a high-risk group for catching Aids, and therefore, her potential murderer as he can transmit the deadly disease to her through sex, it has been decided in the rabbinical court.

Husband Refuses To Support Wife - Divorce Ground

Question:

My marriage has been on the rocks for a long time and I wish to divorce. I do not work outside the home. My husband refuses to support me as part of his war against me. I have to keep borrowing from friends and family. He has warned me that he will never give me a divorce. What should I do ? We’re both Jewish.

Answer:

Under Jewish law a husband has a duty to support his wife and children. In your situation you could file for maintenance for yourself at the family court and at the same time file for divorce at the rabbinical court. A Jewish wife has a right to maintenance as long as she is married. She can file for maintenance both at the family court and at the rabbinical court but it is normally better to do so at the former.

Gambling - Ground For Divorce

Question:

We have never been well off as a married couple, always having to scrimp and save. My husband is in regular employment on an average salary. Since the start of the recession , however, he seems to have become depressed and out of hopelessness has started spending more and more money every week on lottery tickets and football pools.This gambling mania is getting out of hand . Does Jewish law allow a wife to divorce her husband because of his addiction to gambling ?

Answer:

If the results of a husband’s gambling habits adversely affect marital life so that he is not fulfilling his duties according to Jewish law – in particular supporting his wife and children financially – then the wife has grounds for divorce.

Furthermore, if a husband’s gambling addiction results in other forms of negative behaviour which are recognised under Jewish law as grounds for divorce- e.g. physical and verbal violence - then the wife may have additional legal cause when she files to end their marriage at the rabbinical court.

Alcoholic Husband – Divorce Ground

Question:

My husband turned to drink after his business started running into financial difficulty. He is now an alcoholic, though he won’t admit it and will not go for treatment. He has ceased to function in many respects . He cannot support me and the children financially. We no longer have any sex life as he cannot function sexually under the influence of alcohol. Can I divorce him because of his addiction to alcohol ? We are both Jewish.

Question:

Under Jewish law a man who cannot satisfy his wife sexually or support her financially is not fulfilling his duties as a husband according to their Ketuba (marriage contract). A Jewish woman whose Jewish husband is addicted to alcohol and ,as a result of his addiction, fails to perform these two duties has grounds for divorce.

Divorce – Husband’s Drug-Taking In Front of Children

Question:

My husband is addicted to hard drugs and takes them in front of the children. I told him I want a divorce. He refuses to discuss the subject, saying he loves me, wants to keep our marriage and will ‘get better’. Can the rabbinical court force him to give me a divorce ?

Answer:

Yes – the rabbinical court can pass a judgment obliging a drug addict to divorce his wife if he cannot rehabilitate himself, but it is likely to give him the opportunity to do so first.

Mentally Ill Husband – "Catch 22" For Wife

Question:

My husband has been in a mental hospital for years and "lost his mind" completely. He has no hope of recovery and will be there until he dies. We are both Jewish. Can I get a divorce, or marry someone else ?

Answer:

No! Under Jewish law a woman is in an inferior position to a man who is placed in a similar situation, with his spouse incarcerated in a mental hospital. A Jewish wife cannot divorce her mentally ill spouse, nor can she get permission to marry someone else. Under Jewish law, divorce is a legal act requiring understanding, freewill and agreement, which a spouse who is incurably ill with a mental illness is incapable of. Thus, divorce is out, and also for a man, whose wife is similarly afflicted. There is, however, a major difference; a man whose wife is afflicted, can apply to the rabbinical court for permission to marry another woman.

The only option for a woman in the predicament mentioned is to live with another man, as common-law husband and wife, and have a property relations' agreement drawn up professionally, setting out their mutual rights and obligations.

Failure to Divulge Full Mental History Before Marriage

Question:

Must someone who wishes to marry but who has in the past been committed to a mental institution declare this to his/her potential spouse beforehand, under Jewish law ?

Answer:

Yes. Under Jewish law someone about to marry has a duty to disclose his/her full mental/emotional history before marriage. This point was emphasized in a judgment by Zefat (Safed) Rabbinical Court in December 2002 in which it ordered the husband to divorce the wife. He had been imprisoned twice for physical violence to her . She claimed that before their marriage he had admitted to having been under supervision for emotional problems but had concealed the gravity of the situation and the fact that he had been institutionalized on six separate occasions in three different mental hospitals. His failure to reveal this amounted to grave deception , it held, but not grounds for cancelling the marriage from the outset . However, it did support her claim of divorce based on the grounds of ‘being fed up’.

Schizophrenia – Divorce Possible

Question:

Is Schizophrenia a ground for divorce under Jewish law ?

Answer:

Yes. In April 2000 the Greater Rabbinical Court accepted an appeal by a wife whose divorce plea against her schizophrenic husband based on his alleged physical and emotional violence had been turned down by the Jerusalem Rabbinical Court. It had allowed the husband to return home despite the fact that he believed himself to be a Messiah and that his wife was plotting against him with his brother.

Accepting the wife’s appeal, the Greater Rabbinical Court referred to the psychiatric report on the husband which showed that he suffered from a type of Schizophrenia and had refused treatment. It also stated that the wife justifiably feared for her physical safety and that of the couple’s children. According to Jewish law a woman was born for joy and not sadness, and could not be ordered to live with a mentally ill husband. The husband was ordered to divorce his wife and that he would face sanctions including prison if he refused to do so within 30 days, it held. Where a husband has a 'split personality' he is capable of giving a valid 'get' ( divorce ) voluntarily, and through understanding, when he is in the correct mental state. This contrasts with the situation of someone who is a "vegetable" , who permanently lacks the necessary mental capacity to undergo a divorce ceremony.

Waiting For Husband’s Psychiatric Testing Before Proceedings

Question:

Can a woman divorce her husband who is emotionally disturbed ?

Answer:

Where there is doubt about a husband’s emotional state and his legal capacity, the wife must wait for the ‘all clear’ regarding his ability to attend a divorce hearing. In 1998 Rehovot District Rabbinical Court decided not to set a date for a divorce hearing until medical reports were received showing an improvement in the husband’s mental state. It said it should be expressly stated that he was able to “stand trial”, as earlier it had been said that he did not to understand the divorce process .

Husband 's Desire To Leave Israel – Divorce Discretionary

Question:

My husband wants to leave Israel. I don’t. Do I have grounds for divorce under Jewish law because he wants to leave Israel ? I have nothing else against him.

Answer:

Jewish law regards Israel favourably as regards to the Diaspora as a place of residence.A spouse’s desire to leave Israel may be a sufficient ground for divorce if their refusal to live here is unjustifiable.

A rabbinical court decides on the matter given the circumstances of the particular case . During different periods of history it has been held that refusal to make “aliyah” (immigration to Israel) has been justifiable where the journey was particularly difficult or dangerous.

New Bride’s Entitlement To File For Divorce

Question:

I only got married to my husband a few months ago. Am I entitled to file for divorce even if he does not agree to divorce ?

Answer:

Yes ! A Jewish wife is entitled to initiate divorce proceedings without her husband’s permission, however short the marriage. However, she will only be entitled to divorce if she can prove grounds for divorce according to those recognized by Jewish law , at the rabbinical court , if the husband does not consent to end the marriage.

Amihoud Borochov - Law Office	tel: 03-5234133, mobile: 057-4646460, 057-4848480	borochov@family-laws.co.il
7 Dov Hoz St. Tel Aviv, Israel 63416	fax: 03-5232251	© All Rights Reserved

Topics

Divorce - Jewish Couples - Women's Grounds

Physically Violent Husband – Divorce Ground

Verbally Abusive Husband – Divorce Ground

No sex – Ground For Divorce

Loveless Marriage – Wife "Fed Up"

Impotent Husband – Divorce Ground

Husband’s Infertility - Divorce Ground

Aids Risk - Grounds For Divorce

Husband Refuses To Support Wife - Divorce Ground

Gambling - Ground For Divorce

Alcoholic Husband – Divorce Ground

Divorce – Husband’s Drug-Taking In Front of Children

Mentally Ill Husband – "Catch 22" For Wife

Failure to Divulge Full Mental History Before Marriage

Schizophrenia – Divorce Possible

Waiting For Husband’s Psychiatric Testing Before Proceedings

Husband 's Desire To Leave Israel – Divorce Discretionary

New Bride’s Entitlement To File For Divorce

Additional Websites