General Questions About Divorce
You’ve reached the point in your marriage where you are considering divorce.
Or your spouse has told you they want a divorce and you don’t know what to do.
Either scenario is daunting as it brings with it many questions and uncertainty about your future.
In either case you need to speak with an attorney who can calmly and patiently hear your personal story and is experienced in both court systems (The Family Court and The Rabbinic Court) so you can be advised about the best way to proceed.
At Hait Family Law we are here to help you understand the laws and procedures that govern divorce in Israel so the process will be a little less overwhelming and help relieve a large part of the stress associated with divorce.
We’ve answered the most commonly asked questions below and there are a number of free E-books available to give you all the information you’ll need to make educated choices throughout your divorce.
If you want to get divorced or your spouse has told you they want a divorce, please contact us so we can answer your questions and arrange a complimentary case evaluation.
If your spouse has asked for a divorce and you agree to it, the best course of action for you and your family (emotionally and financially) is for the two of you to sit down together and come up with a formal written agreement. This will cover all aspects of your divorce: division of assets, and if there are kids, custody and child support. (I am a licensed mediator and can assist you in crafting out this agreement.)
If you don't want a divorce or can't agree on any or some of the issues you have to work out, then you may end up in litigation. In this case the issues will be decided upon in Family Court by one judge or the Rabbinic Court by three judges. Whether you have come to an agreement without going to court or you have had to litigate your divorce in either court, you will still have to appear in front of the Rabbinic court to obtain your GET.
At Hait Family Law we have seen opposing attorneys bring needless motions in court, or file unnecessary suits that have cost their clients exorbitant fees and the very unfortunate fact is, the clients weren't aware that that was happening.
There are four different ways attorney's charge for divorce.
- Some charge by the hour.
- Some have set pricing for each of the areas covered by divorce: for division of assets, for child support, child custody etc.
- Still others charge a global price which includes everything.
- And others have a modified global price for their basic basket of services , charging more for things that fall outside the basket.
At Hait Family Law, we offer modified global pricing to keep your costs as low as possible. We sit down with you when you're deciding if you would like us to represent you, and we outline exactly what your fee will cover. We want to make sure you have no financial or procedural surprises throughout the divorce process, so you know from the outset what to expect and how much it will cost.
This is a question that no attorney can answer definitively without having more information.
Have the sides reached an agreement already? Do they at least have an agreement in principle? Is their spouse a litigious type of person?
If everything is agreed to, then it's possible for you to be divorced in less than a month. If there are details to work out which may require mediation to reach an agreement and you are communicating with each other, then the whole procedure can be over in three or four months.
If the two sides aren't able to reach an agreement then they may have to engage in some initial litigation. In this case there are a few hearings, some initial decisions made by a judge, and then either the parties are more willing to reach some type of agreement or the judge (or Rabbinical court judges) will make some recommendations and push people into some type of agreement.
In a completely litigated divorce - including trials with evidentiary hearings and lots of motions, it can take over a year. But it usually doesn't get to this extreme.
In a Jewish divorce the husband is required to give his wife a GET and a wife is required to accept it in order for there to be an official divorce. Unfortunately there are many cases where the husband refuses to give his wife a GET and she becomes an agunah (or a chained wife). It also happens, albeit less frequently, that a wife refuses to accept the GET and the husband becomes an agun (or chained husband.) This is called a Misarev GET and then the procedure can take years.
There is a suit you could bring in court if your spouse wants to get divorced and you don't. It's called forced reconciliation or a Shalom Bayit (peace in the home) suit.
We have brought a suit for reconciliation on occasion as a tool for the rights it grants in the interim, but it must be entered into with much forethought and consideration.
When bringing this suit you must take into account that if your spouse really wants to get divorced you are only delaying and prolonging the process. And you run the risk of antagonizing your spouse and making them less flexible when you eventually do get divorced.
It's interesting to note that statistically, about 10% of people who get divorced will end up as a couple again in the future. Why would people begin divorce related litigation and then decide to stop prior to the divorce going through?
Sometimes people just want to bring suits so that in case of divorce they get to be the side that determines which issues are heard in the Rabbinic court and which in the Family court. Sometimes, people realize that they would rather be with each other than without. Sometimes people come to the conclusion that divorce just isn't economically feasible (It's very sad when this happens but it happens quite often.) Sometimes the litigation was just a tool to get the other spouse to cave in to certain demands or to come to an agreement over such issues.
It costs so much both emotionally and financially to get divorced. It's worthwhile considering spending some money and emotional energy in counselling before taking those steps.
If you do want to stop the litigation and you both agree, it can happen in two ways.
- The side that brought the suit can delete it and no legal rights will have changed from the way they stood before the suit was brought.
- The couple can make a written agreement concerning all the details they were trying to work out in court and file it officially. That then becomes the final judgment and the suit is suspended.
There are four topics that must be addressed by couples getting divorced in Israel.
(Just a note here, There is no alimony or spousal support in Israel)
- Custody. Where the children live after the divorce.
- Child Support. The non-custodial parent (generally the father) will have to make payments for the welfare of the children - food, housing, clothing.
- Division of Assets. Those accumulated during the marriage are divided equally.
- The GET. This is the religious divorce procedure and document (between two Jewish people) that is only handled by the Rabbinic Court even thought the other three can be managed in either the Family court or the Rabbinic court.
You must properly plan for your divorce because choosing one court over the other for the first three items could have serious adverse effects on the outcome.
Please contact us for more information.
In Israel a woman who gets divorced is not entitled to alimony.
In accordance with Jewish law, a woman is entitled to be supported by her husband for as long as the couple is married. That is not to say that the woman is sent away from the marriage empty handed - she is entitled to half of the assets that the couple accrued together plus in certain limited situations, other amounts of money.
According to Jewish law a father is obligated to support his minor children even if he is divorced from their mother so there will be monthly payments ordered for the support of the children. But this is not alimony.
In Israel there is no obligation for your spouse to support you once the two of you are divorced. There is an obligation for a father to continue to support his minor children however and your marital assets get divided.
It is vitally important to analyze the financial impact divorce will have on you and we are here to answer your questions regarding your finances and any other divorce related questions you may have.
While one should definitely change their will after they get divorced and we think it's good practice to change your will before you get divorced.
If you have a valid will, your assets will be divided according to the will (we call this procedure probate in legalese), and whatever your spouse is entitled to pursuant to the will they will receive – even if you were in the middle of a divorce proceeding and don't want them to receive it anymore.
And if you don't have a will when you pass away (even in the midst of divorce proceedings) your spouse will be entitled to his or her legal share of you assets, and the rest will be divided amongst your other heirs. In legalese we call this intestacy.
Even if you have a joint will with your current spouse we can help you change that as our first order of business if you're getting divorced.
And it can always be amended after the divorce.
The important thing is that you get to decide how your assets will be divided if you pass away during your divorce.
Since 1977 it's been illegal to have more than one spouse in Israel.
That means you cannot get married here if you've left a spouse behind in another country when you moved to Israel. You must prove that you are divorced first.
People have slipped under the radar and married here without disclosing another spouse but the ramifications are quite serious and it usually catches up with them in the end.
If you are legally married in another country and would like to marry someone here, contact us and we can guide you through the legal way to move forward with your life.