Cross-border Divorce Navigator
Divorce: United States → Israel
Case complexity: high. One spouse lives in United States, the other in Israel.
Where you can divorce
United States: Jurisdiction turns on state residency — from 6 weeks (Nevada) to a year (New York), with no minimum in some states; the intra-US forum race is real: the filing state’s rules apply.
Israel: For Jews the divorce itself runs only through the rabbinical court (get, consent needed); property and children can go to the civil family court: whoever files first picks the track.
The spouses live in different countries — a forum race is possible: the court seised first usually keeps the case (lis pendens). Picking the court effectively picks the division rules.
Which law governs the divorce and the assets
English and US courts apply their own law to the divorce (lex fori) — choosing the forum means choosing the rules.
There is no marriage contract — the default regime of each country involved will apply (see the property section).
How property will be divided
United States: The state decides everything: community-property states (California, Texas, Arizona…) split acquisitions 50/50; most states apply equitable distribution at the judge’s discretion.
Israel: Resource balancing: assets accrued during the marriage are split equally on divorce (the 1973 law); pre-marital assets, gifts and inheritances stay personal. Since the 2008 amendment (s. 5A) the balancing can precede the get.
Children and maintenance
Child disputes are heard by the courts of the child’s habitual residence (Brussels II-ter / Hague 1996) — not by the country more convenient for a parent.
Relocating with a child without the other parent’s consent triggers the 1980 Hague Convention: the child is normally returned, and the removing parent’s position suffers.
United States: No-fault everywhere; alimony ranges from strict formulas to open discretion; child support follows state guidelines.
Israel: Maintenance follows the parties’ religious law plus civil mechanisms; child support sits with the family court.
How the divorce is recognised across borders
The divorce has to “work” in every country the family is tied to: somewhere it is recognised automatically, elsewhere legalisation or separate proceedings are needed — otherwise you end up with a “limping” status: divorced in one country, still married in another.
United States: Foreign divorces are recognised by comity when jurisdiction was proper; child matters run under the UCCJEA.
Israel: Israel has no civil marriage — foreign marriages (Cyprus, Utah online) are recognised; dissolving them takes a special jurisdictional procedure.
What to set up in advance
Marriage contract (prenup / postnup)
Trust
Private foundation
What to watch out for
Whoever files first effectively picks the court and the division rules. In a cross-border divorce, timing is strategy.
Children and borders: get written consent for any cross-border relocation of a child — otherwise Hague 1980 kicks in.
Without a marriage contract, everything acquired during the marriage is divided under the default regime — as a rule, equally.
FAQ
Where can the divorce be filed when one spouse lives in United States and the other in Israel?
United States: Jurisdiction turns on state residency — from 6 weeks (Nevada) to a year (New York), with no minimum in some states; the intra-US forum race is real: the filing state’s rules apply. Israel: For Jews the divorce itself runs only through the rabbinical court (get, consent needed); property and children can go to the civil family court: whoever files first picks the track. The spouses live in different countries — a forum race is possible: the court seised first usually keeps the case (lis pendens). Picking the court effectively picks the division rules.
Which law governs the divorce and the division of assets?
English and US courts apply their own law to the divorce (lex fori) — choosing the forum means choosing the rules. There is no marriage contract — the default regime of each country involved will apply (see the property section).
How will the property be divided by default?
United States: The state decides everything: community-property states (California, Texas, Arizona…) split acquisitions 50/50; most states apply equitable distribution at the judge’s discretion. Israel: Resource balancing: assets accrued during the marriage are split equally on divorce (the 1973 law); pre-marital assets, gifts and inheritances stay personal. Since the 2008 amendment (s. 5A) the balancing can precede the get.
Will a divorce between United States and Israel be recognised in both countries?
The divorce has to “work” in every country the family is tied to: somewhere it is recognised automatically, elsewhere legalisation or separate proceedings are needed — otherwise you end up with a “limping” status: divorced in one country, still married in another. United States: Foreign divorces are recognised by comity when jurisdiction was proper; child matters run under the UCCJEA. Israel: Israel has no civil marriage — foreign marriages (Cyprus, Utah online) are recognised; dissolving them takes a special jurisdictional procedure.
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This is a first-pass orientation, not legal advice. The rules are simplified; verify the current details with a lawyer.
If you have questions or need a consultation, our experts will be glad to help.