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Divorce, a process laden with emotional challenges, is a universal experience shared by individuals worldwide. However, Israel presents a distinctive facet in divorce proceedings that distinguishes it from many Western democratic nations. In the context of Israeli divorces, the absence of a legal separation concept holds notable implications, particularly concerning the physical parting of spouses. This article scrutinizes the dynamics of divorce in Israel, shedding light on the repercussions of the non-existence of legal separation.
Challenges Confronting Men in Israeli Divorces
In Israel, it is not unusual for men who become aware of their wives’ intentions to seek a divorce to face eviction from their homes by law enforcement. This situation, enduring up to two weeks even before the divorce process begins, leaves these men grappling with various uncertainties about their future:
- Is the separation a permanent arrangement?
- What if the spouse repeats this action upon their return?
- Can any recourse be sought for false allegations reported to the police?
The Void of Legal Separation in Israel
The absence of legal separation in Israel poses a substantial hurdle for couples undergoing divorce. Unlike many other countries where a separation period allows couples to physically distance themselves during the divorce process, Israeli law does not recognize this concept.
Consequently, a common initial request made by women seeking divorce in Israel is for their husbands to vacate the shared residence. The tension and emotional strain during this period sometimes lead women to involve the police, seeking their spouse’s removal due to perceived threats to the safety or the welfare of their children.
Impact of Spousal Violence on Israeli Divorce Proceedings
The escalation in cases of spousal violence and incidents of harm to wives in recent years has prompted Israeli authorities to adopt a precautionary stance. When the police receive a call indicating potential danger, they typically align with the woman’s belief that her husband poses a threat and subsequently remove him from the home. Unfortunately, this approach can be exploited through false allegations, further complicating the divorce process.
Documentation of Interactions for Evidential Purposes
To shield themselves against baseless accusations and potential eviction, men initiating divorce in Israel are advised to document all interactions with their spouses. These recordings can serve as evidence to counter false allegations, presenting the truth to the police or the court. By demonstrating the spouse’s willingness to deceive, a husband can establish a robust defense and potentially influence future divorce proceedings.
Navigating the Divorce Process in Israel
While the absence of legal separation in Israel suggests that judges are unlikely to mandate the immediate eviction of husbands from the marital home, caution is crucial for both spouses. Leaving the home without proper legal counsel can impact visitation rights and support payments, potentially resulting in accusations of abandonment.
Coping Strategies Amid Co-residence
During the divorce process when both spouses continue residing in the marital home, adopting strategies to minimize stress and tension becomes crucial. Some recommended measures include:
- Sleeping in separate bedrooms.
- Refraining from intimate relations or joint social outings.
- Using separate and secure electronic devices.
- Opening distinct banking accounts.
- Attending vital events related to children together, while avoiding unnecessary joint activities.
- Communicating to friends, family, and coworkers that the couple is temporarily living together until the divorce is finalized.
The absence of legal separation in Israel introduces complexity and challenges to the divorce process. Men and women navigating divorce must adeptly handle the intricacies of the Israeli legal system, which prioritizes the safety and well-being of individuals, particularly in light of past instances of domestic violence.
*Remember, you are not alone. There are resources and support available to help you. Please reach out for help.
We are here to help and advise you.
Contact me Jay Hait Family Lawyer at 0733743094 or jay.hait@orcheidin.co.il
Find out more on my
YouTube Channel: https://www.youtube.com/@JayHaitAdv
and on my website: https://jayhaitlaw.com/
