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Divorce is a challenging and emotionally charged process that individuals worldwide may experience. However, in Israel, there is a unique aspect to divorce proceedings that sets it apart from many other Western democratic countries. In Israel, there is no legal concept of separation prior to divorce. This absence of legal separation has significant implications for couples going through a divorce, particularly when it comes to the physical separation of spouses. This article delves into the dynamics of divorce in Israel and explores the consequences of the absence of legal separation.
Challenges Faced by Men in Israeli Divorces
In Israel, it is not uncommon for men who are aware of their wives’ desire for divorce to find themselves ejected from their homes by the police. This situation can last up to two weeks, even when the divorce process has not yet commenced. Often, these men are left with numerous questions and concerns about their future:
- Will the separation become permanent?
- What if their spouse repeats this action upon their return?
- Can anything be done about false allegations made to the police?
The Absence of Legal Separation in Israel
The absence of legal separation in Israel poses a significant challenge for divorcing couples. Unlike in many other countries, where a period of separation allows couples to physically separate while navigating the divorce process, Israeli law does not recognize this concept.
Consequently, the first request made by most women seeking a divorce is for their husband to leave the marital home. The tension and emotional strain during this period sometimes lead women to contact the police, seeking their spouse’s removal due to perceived threats to their safety or the children’s welfare.
The Impact of Wife Killings on Israeli Divorce Proceedings
The rise in cases of spousal violence and wife killings over recent years has prompted Israeli authorities to adopt a precautionary approach. When the police receive a call indicating potential danger, they typically side with the woman’s belief that her husband poses a threat and subsequently remove him from the home. Unfortunately, this approach can be misused by individuals making false allegations, further complicating the divorce process.
Recording Interactions as Evidence
To protect themselves against false accusations and potential removal from their homes, men initiating the divorce process in Israel are advised to record all interactions with their spouses. These recordings can serve as evidence to counter false allegations and present the truth to the police or the court. By demonstrating the wife’s willingness to lie, a husband can establish a strong defense and potentially influence future divorce proceedings.
Navigating the Divorce Process in Israel
While the absence of legal separation in Israel means that judges are unlikely to order the husband’s immediate eviction from the marital home, it is essential for both spouses to exercise caution and avoid prematurely leaving the house. Leaving the home without proper legal advice can have repercussions on visitation rights and support payments, potentially leading to accusations of abandonment.
Coping Strategies While Living Together
During the divorce process, when both spouses continue to reside in the marital home, it is crucial to adopt strategies that minimize stress and tension. Some recommended measures include:
- Sleeping in separate bedrooms.
- Refraining from intimate relations or social outings together.
- Using separate and secure computers and telephones.
- Opening separate 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 adds complexity and challenges to the divorce process. Men and women embarking on divorce must navigate the intricacies of the Israeli legal system, which prioritizes the safety and well-being of individuals, especially in light of past cases 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/
