Family Law Attorney Helping Resolve Issues Before They Escalate
Family dynamics are complex, and sometimes you need a skilled mediator to help you find common ground. A family attorney knows how to handle delicate situations and has the ability to negotiate agreements between parties who are struggling to see eye to eye. Your family members are important, and you will probably have to spend time with them at some point after the legal dispute is over, so it is best not to burn bridges.
An attorney skilled in family law will not only try to give you legal options for settling your dispute, but they may also recommend other methods that could better suit your needs, such as counseling or mediation. An effective family law attorney displays a willingness to listen closely to the client to thoroughly understand their needs so they can present them with tailored options for solving their life challenges.
Reach out to Hait Family Law today at (077) 200 8161 for assistance with any of the following family law issues:
- Division of property
- Child support
- Domestic violence
- Prenuptial agreements
- Postnuptial agreements
- Child support modifications
- Divorce mediation
How Does the Legal System Work in Israel?
Israel has two separate court systems for family law issues: the secular family courts and the religious courts. For a Jewish individual, the religious court is known as the Rabbinical Court. While the Family Court is supposed to rule based on Jewish religious law if the individuals involved in the case are Jews, the Family Court judges frequently interpret the law differently than the Rabbinical Court judges. Your case’s outcome could be vastly different depending on which court rules on it.
So how do you know which court to choose? This can depend on a variety of factors. Some issues only fall into the jurisdiction of one court. For example, only the Rabbinical Court can legally end a marriage, but both courts can rule on other divorce issues such as child custody and property division. In a divorce, the wife often prefers to have their case heard in Family Court if possible because it tends to interpret the law more favorably for them. Their spouse usually prefers the Rabbinical Court. A family lawyer with deep knowledge of both courts can help you determine the right choice for your unique case.
How Are Marriage Laws Different in Israel Than in Some Other Countries?
In Israel, there is no such thing as a secular marriage. To get married, a couple must be of the same faith and have their marriage recognized by the applicable religious court. Couples of different religions, same-sex couples, and Cohens who wish to marry divorced women must leave the country to get married. This has led to an increase in “marriage tourism” in nearby countries such as Cyprus. Israel recognizes these marriages as valid, based on the laws of the country where they were performed.
If a couple cannot get married in Israel or choose not to wed but wish to cohabitate, they are known as “yeduim batsibur” or a couple that is “known in public.” These couples live together, share assets, split expenses, and have the same rights as married couples. If you are familiar with the Western law concept of “civil unions,” this will appear similar. While “known in public” couples have extensive rights, our law firm recommends that they create legal documents to clearly record their wishes regarding their finances and other issues. These documents eliminate the chance of the court making a ruling contrary to your wishes if you pass away or decide to separate.
What Are the Main Aspects of the Divorce Process?
Because most marriages in Israel are based on religious law, it makes sense that the vast majority of divorces must go through a religious court as well. Only those with foreign marriage licenses who cannot go through a religious court are allowed to seek a divorce in Family Court, and the legal process takes much longer.
For Jewish couples getting a divorce, the four most important issues that must be addressed during your divorce are:
- Division of assets: Under divorce law, all assets and debts accumulated by the couple during the time they were married should be divided equally. If the spouses signed a prenup agreement prior to the marriage, that will dictate how assets will be divided in the divorce case.
- Child custody: While joint custody is more common in recent years, the court still tends to place young children in the custody of their mother and provides visitation rights to the father unless the mother is unstable or cannot give proper care.
- Child support: In Jewish law, a father is responsible for the financial maintenance of their child. Accordingly, in most Jewish divorces, the father will be required to pay child support to his ex-wife for the needs of his child. If a father has concerns about the paternity of a child in the marriage, this issue should be resolved before child support is determined.
- The GET: Similar to how a Jewish marriage requires a ceremony and license, the Rabbinical Court requires a document known as a GET and a ceremony to end a marriage and finalize the divorce procedure. If your spouse refuses to give you a GET, you are still legally married and cannot remarry.
The first three items can be handled by the Family Court or the Rabbinical Court, but the last item must always happen in the Rabbinical Court because it is a religious procedure. For individuals used to Western law, one vital difference to note is that there is no alimony (spousal support) awarded in Israeli divorces. Due to this, non-citizens may wish to explore the benefits of pursuing a divorce under the laws of their home country.
Is Divorce Your Only Option if You Have Issues in Your Marriage?
The modern world can place an immense amount of pressure on couples. From job responsibilities and financial worries to child care and health issues, there are myriad stressors that couples must face that can have a negative impact on their marriage. While some marital issues can be chalked up to misunderstandings or irritability, there are often critical underlying problems that need to be addressed.
But is divorce the best solution for your situation? The dissolution of a marriage is an emotional, complex, and expensive process. People often make decisions they regret when they are upset or not thinking clearly. While divorce may definitely be the right choice for some couples who cannot reconcile their differences, it is not the only option.
One powerful legal tool that has allowed many couples to save their marriage is a “reconciliation or in the alternative” agreement. Through this agreement, a couple acknowledges that they have issues in their marriage, and they outline their plan for fixing the problems and continuing to live together. Additionally, they work out all of the terms of a divorce, such as the division of marital property and child custody. Through the combination of these documents, the couple has a clear road map of the expectations for continuing the marriage, and they fully understand what will occur if they cannot make things work. For many, this provides a reality check and the necessary motivation to work with their partner to repair their marriage.
If you wish to explore the alternatives to divorce, contact Hait Family Law today for a free case evaluation with a divorce lawyer. Our law firm assists couples undergoing divorce proceedings, but we take great joy in helping individuals find solutions that preserve their marriage and family.
What Family Law Challenges Can Anglo-Jewish Individuals Face?
After making aliyah and becoming olim in Israel, many Anglo-Jewish couples and individuals may find themselves requiring the assistance of a family law attorney. Some immigrants marry Israeli spouses but unfortunately find themselves overwhelmed by culture shock and without a solid support structure. Marriage issues can quickly escalate, and sometimes domestic violence becomes a problem. Whether your legal difficulty is this severe or you just wish to sort out a minor issue with the court’s help, it may be confusing to know where to begin.
For English-speaking Anglo-Jewish individuals who don’t know Hebrew, navigating the court system can be intimidating, and the religious courts can feel very unfamiliar. Finding trusted legal representation is key. Attorney Jay Hait is an American-Israeli lawyer who can guide you through any legal challenges you may be facing and will provide the resources you need to make an informed legal decision.
How Can a Family Law Attorney Assist You?
Whether you are facing a legal dilemma or need an outsider with strong mediation skills to help you settle family disputes, a family lawyer can assist you. At Hait Family Law, we understand how much you value your family and will help build a legal strategy that keeps your family ties as intact as possible, even if you are going through a divorce or custody battle. We know it is in everyone’s best interests to de-escalate the situation and make decisions based on facts, not emotions. At the same time, we fiercely protect our client’s rights and ensure that they are strongly represented in the appropriate court. Contact our office at (077) 200 8161 to schedule your complimentary family law case evaluation today.
preventing him from leaving?
you from leaving Israel?