A claim for a specific section can be filed both in a home peace claim, which will be filed in the rabbinical court, and as part of a woman’s alimony claim. The term ‘generation’ actually refers to residence, that is – to the house where the couple lived together, where they lived together, developed a family cell and lived as a family for all intents and purposes.

In order to reach a specific section claim, there is a long and complex road. In order to understand the way on the best side, we must first understand how the divorce proceeding is conducted, to which court to turn at the time of divorce, and then we will understand when it is relevant to apply for a specific section claim.

In this article we will focus on the specific section claim procedure given to the woman’s right. First, as stated, we will represent what the divorce proceeding is and how it is conducted, as well as discuss the relevant court for divorce and finally we will represent the specific section claim. All this is done and written for you, readers. It should be clarified that this article should not be construed as a substitute for consulting a lawyer specializing in family law.

Divorce Procedure – How?

Divorce proceedings are basically a “divorce lawsuit”, since in order to divorce, one must prove one of the known causes of divorce in Hebrew law, including: violence, non-existence or dissatisfaction of sexual needs, infertility (in some cases), ugliness or prostitution, incompatibility and more. The religious view sees the value of the family as a sacred value that must be guarded with all vigilance, so it is not easy to divorce, and contrary to popular belief, a divorce claim is in fact a claim for all intents and purposes, a claim that must be proven. We would add that the divorce process is a fertile ground for uncompromising, exhausting quarrels and wars, and also – among other things – very costly. Quite commonly, unfortunately, in the case of a divorce, the couple suddenly forget that they are not divorcing the apartment together, but are divorcing a person with whom they have established a family cell, with whom they share a life, sometimes an entire life.

In our country, religious law is the law that guides the matters between it and itself. Hence, according to Jewish law, divorce between spouses is definitely a last resort. That is, before the rabbinical court approves the couple’s divorce and grants a divorce, the latter will act to mediate between the couple and bring them back to their willingness to divorce. Managing a divorce case usually depends on the couple, but not only. Today there is also a shortage of judges in all rabbinical courts. However, the average length of time to conduct a divorce proceeding can range from one to two years, but only in cases where no interim applications are filed and the spouses do not want to ‘take revenge’ on each other. Of course it is possible to shorten the procedure and divorce by consent.

Tribunal Judgment in Divorce Proceedings:

The jurisdiction of the Rabbinical Court is conferred under the Rabbinical Courts (Marriage and Divorce) Law, 1953 (hereinafter: the “Rabbinical Courts Law”). The Rabbinical Court rules according to the old Hebrew law. Jewish spouses, who married Under the religion of Moses and Israel, and when the day comes they are facing divorce, they will be required to perform the said procedure in the rabbinical court.

This is for the simple reason that the rabbinical court has the exclusive authority to deal with the issue of divorce between Jewish spouses. But even when they reach the door of the rabbinical court, he will not easily approve the divorce, due to his action according to the overriding principle, which is the preservation of the peace of the home. Thus, when a couple married according to the religion of Moses and Israel, comes to the rabbinical court requesting a divorce, the court will act in a number of initial ways, in order to try to preserve the relationship and help the couple overcome the difficulties they face, without divorce. Usually the rabbinical court will lead the couple to a peace process.

Section Claim – How?

A specific sectional claim is a claim filed by the woman, for a bonfire. The meaning of “section” is residential. That is, when filing a claim for a specific section, the woman is claiming her right of residence. Within the framework of the husband’s obligation to his wife, according to Jewish law, he must take care of her well-being, her economy, her alimony as well as her residence (ie – generation). The charge is according to the standard of living of the couple, as it is said – “goes up with it and does not go down”. I mean, the standard of living to which a woman is accustomed at the time of her marriage to a man, is the standard of living that she will receive and resurrect even if she divorces her husband, due to the man’s obligations to his wife.

It is important to clarify that a specific section claim is a claim relevant to the woman only, which the woman will be able to file as part of the home peace claim. In the Home Peace Claim, the wife actually shows that she has no intention or desire to divorce her husband, and therefore she files a section claim, out of concern for her residence. Alternatively, the woman will be able to file the specific section claim as part of the woman alimony claim, to which she is entitled.

Receiving a claim from a specific section, in effect, gives the woman the right to reside, in the same house in which she lived with her husband until the date of the ‘dissolution’ of the marriage. As long as the section’s claim is upheld, the man can not do anything about it, I mean – the man can not get the woman out of the house.

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