Divorce proceedings are a very complex procedure, made up of a number of sub-proceedings. As divorce lawyers, we know how scary the procedure is for couples who are not happy together, but due to the fear, they are reluctant to make the move, which in the long run will help them. Therefore, we have found it appropriate to compile the following article, in which we will answer a number of frequently asked questions regarding divorce proceedings. All this, is written for your information and convenience, surfers and surfers. We would like to emphasize that this article is a general article only. It does not constitute a substitute for specific legal advice.
What exactly is a divorce proceeding?
Divorce proceedings are basically a general term for divorces between spouses. As a rule, divorces are conducted in a religious court. When it comes to Jews, the divorce takes place in the rabbinical court. At the same time, spouses should also regulate the issue of child support, child custody and the manner in which their joint property is divided. The other issues associated with divorce must also be settled and are usually heard in the Family Court (although they can also be settled in the Rabbinical Court). A standard divorce proceeding includes four steps: Arranging the divorce in the formal aspect (ie – the divorce). Division of parental responsibility for the joint children – arrangement for determining custody and division of residence times. Alimony matters. Division of common property.
What is divorce mediation?
Today, there is a law that requires couples even before they take legal action, to resort to divorce mediation. This is a law called the “Family Dispute Resolution Law” (2016). That is, even before filing a divorce claim or related matters (custody, alimony or division of property) a mediation procedure must be conducted first. As part of the mediation process, they will usually try to bring the couple to agreements. If the couple has not been able to reach an agreement, there is an interim period during which a lawsuit can be filed with the court.
It should be noted that even in a voluntary framework, it is possible to conduct a mediation procedure between spouses, for the purpose of striving for a divorce agreement, which will save the spouses legal proceedings. We emphasize that mediation is designed to minimize the damage. This is an alternative procedure to the legal procedure, in which the parties are asked to reach an agreed and acceptable solution for the parties. We add that in cases where there are children in common, the mediation process and consent are even more important, because the family relationship does not end at the time of separation or divorce: the family stays, but the structure changes.
What is important to know about child custody?
The term “custody” does not appear in Israeli law, but is a concept that developed in the case law, in order to describe the way in which parental responsibility will be divided. In Israel, both parents are the natural guardians of their children. This means that any material decision in the child’s case will be made with the mutual consent of both parents. In Israel, there is an early childhood presumption, which states that in the absence of exceptional circumstances, children up to the age of 6 will be in the custody of their mother.
Most often, there are two types of custody: the more common – sole custody, that is – one parent (usually the mother) receives the sole custody, and is a trustee for the day-to-day care of his children. The second type is joint custody, that is – both parents enjoy equal custody of their children. In fact, children will have two homes, and parents will usually live nearby.
Custody matters are regulated and decided only on the basis of the principle of the best interests of the child. Custody matters are heard in the Family Court, or in a rabbinical court – if he files for divorce, he binds the custody claim with the divorce.
Where better to file for divorce?
Case by case. On the one hand, it is possible to file a divorce claim with the Rabbinical Court and involve the rest of the divorce matters. There is no rule of thumb. It is also possible to file a divorce claim and at the same time file claims for child custody, alimony and property – to the Family Court. In any case, it is important to seek the help of a divorce lawyer and choose the right tactics for the relevant spouse or client. Let us note that the attitude that fathers (owners) have better approach the court is not correct, but a myth that must be shattered.
Child support – what is important to know?
If she is entitled to alimony for her children, when she is divorced or separated from the children’s father. Alimony, is basically a fixed payment paid by the father for the benefit of his children, for the purpose of ensuring their financial existence. In Israel, alimony is discontinued by virtue of religious-Hebrew law and therefore a father is obligated to bear the alimony of his children (alimony from compulsory state) regardless of his financial ability. You can apply to the Family Court or the Court, also in a claim for temporary alimony, until a final alimony decision is made.
Divorce and marriage is a complex business in Israel, so we will end this article by making it clear that it is always important to consult an experienced divorce lawyer.
For more information: Asklaw