It isn\u2019t enough understanding that the divorce process in itself is often an extremely complicated legal process that causes suffering to both parties. \u00a0In recent years we are witnessing more and more rulings that consider harmful acts committed by one spouse against the other as grounds for suing for damages\u2014whether those acts were committed during the marriage or from the divorce onwards. \u00a0As we shall see, even if such acts were committed in the heat of passion or due to a momentary impulse, they can result in considerable compensatory payment to the offended party, sometimes without proof of damage.<\/p>\n
Slander claims as suits for compensatory damage in divorce proceedings<\/i><\/b>
\nIn a court verdict handed down by Tel Aviv Family Court in 2009, the court sentenced a former husband to pay damages to his ex-spouse in the amount of NIS 25,000, without proof of damage. \u00a0This was after the husband claimed to the child psychologist (from the Child Development Institute) treating the couple\u2019s child that the mother was afflicted with a mental illness, was being treated by psychiatrists, and suffered from anorexia. \u00a0Because the father persisted with these claims during the divorce proceedings, the mother agreed to a waiver of her medical history, which showed his assertions to be false and unfounded.<\/p>\n
Other instances that can be grounds for a slander claim include filing a false complaint to the police\u2014in the majority of cases under the pretext of a husband acting violently or hurting his children\u2014and demanding his removal from the home. Such a case came before Family Court in Kfar Saba in 2004. \u00a0At that time the judge ruled that this act constituted a mortal blow to the father\u2019s basic human and civil rights and demanded that the former wife pay tens of thousands of shekels in damages to her ex-husband.<\/p>\n
Refusal to grant a Jewish divorce<\/strong> A very well-known verdict that has served as legal precedent for dozens of other cases was handed down in Jerusalem Family Court in 2010. \u00a0Judge Yakov Cohen ruled:\u00a0\u201cThere is no doubt that the stubborn refusal of the respondent (the wife) to accept the Jewish divorce from the claimant injured his autonomy, his right to self-fulfillment, his honor and freedom. Through such misconduct, the respondent condemned the claimant to a life of solitude and thus caused him considerable psychological damage, sorrow, humiliation, scorn and pain.\u201d<\/i><\/b><\/p>\n Claims for compensatory damage due to events that occurred during the marriage<\/i><\/b><\/p>\n Another type of claim for damage relating to a divorce case is a claim concerning events that occurred during the marriage. \u00a0There is a sufficiently large variety of grounds for such a claim, including:<\/p>\n Managing a divorce suit concurrently to a claim for compensatory damages<\/b><\/p>\n Up to now we have presented cases that were independent of the divorce itself. \u00a0However sometimes, one of the spouses wishes to simultaneously conduct the divorce proceeding in Rabbinical Court and the claim for compensatory damage in Family Court. \u00a0In most cases the Rabbinical Courts, which are authorized to legally dissolve the marriage, do not view such an act favorably.<\/p>\n One of the most complex cases of this sort involved a couple that was married in 1977. \u00a0About two decades later, in 2001, they began the divorce process. \u00a0Divorce proceedings were delayed for another two years at which time the wife decided to file a suit with Family Court\u2014for compensatory damages, claiming that her husband refused her a Jewish divorce. \u00a0At the same time the divorce was being processed in the High Rabbinical Court.<\/p>\n In this case, the\u00a0dayanim\u00a0<\/i>[religious judges] refused to deliberate over the wife\u2019s divorce refusal claim, so long as she was managing the other claim in Family Court. \u00a0\u00a0In their decision, the dayanim wrote that since the husband was not legally obliged to grant his wife a Jewish divorce, a dangerous precedent was liable to be set by which any woman who isn\u2019t granted a Jewish divorce can sue the husband in a civil legal proceeding.<\/p>\n It is important to point out that there are bodies such as women\u2019s advocacy organizations for divorce refusal cases that are critical of the rabbinical courts and assert the opposite claim: \u00a0That due to the fact that divorce proceedings in Rabbinical Courts are long and grueling, many women have no choice but to sue for damage in a civil proceeding.<\/p>\n Claims for compensatory damage \u2013 a double-edged sword<\/i><\/b><\/p>\n Claims for compensatory damage that involve divorce proceedings are quite complex; and if the court gains the impression that the damage caused to one side is considerable, compensation can amount to substantial sums. \u00a0Accordingly, each of the sides should exercise restraint and understand that it is precisely at this time that they should avoid taking extreme measures that are fueled by distress. \u00a0They should not give the other side a justifiable reason to sue for damages.<\/p>\n In any case, it is advisable to consult with a divorce attorney who is well-versed in tort law and family law. \u00a0The attorney will examine each case on its merits and assess the chances for success in a suit as well as its advisability under the current circumstances.<\/p>\n","protected":false},"excerpt":{"rendered":"
\nRefusal to grant a Jewish divorce or, alternatively, refusal to accept a Jewish divorce (on the part of the wife), is occasionally considered as grounds for filing suit for compensatory damage\u2014when one of the sides chooses the path of refusal in order to extract more favorable settlement conditions from the other side. \u00a0Additionally, not only can the wife sue the husband, but the husband can also sue the wife. \u00a0Such legal suits can end up with one side paying hundreds of thousands of shekels in damages to the other.<\/p>\n\n