Divorce is common all over the world, and about 13,000 couples divorce every year in Israel on average, every 1 out of 3 couples in the country. Without a doubt, the decision to divorce is one that is taken seriously and is often associated with many emotions and difficulties that need to be dealt with along the way. An experienced lawyer will help you navigate the situation and minimize the negative aspects that can be associated with divorce.
A divorce proceeding is a situation in which one or both of the spouses have reached a decision because they want to separate according to the law. There are two main types of divorce:
Later on, we will discuss the issue of refusal to divorce and the differences between consensual divorce and non-consensual divorce.
Sometimes, divorce proceedings that start without agreement can end peacefully. The mediation process significantly helps bring about a more pleasant and relaxed separation thanks to the ability to have a focused conversation alongside a trusted lawyer, which minimizes the emotions.
Refusal to divorce is a relatively common phenomenon: one spouse wants to divorce while the other does not wish to do so. There are innumerable reasons for wanting to avoid the dissolution of the marriage: considering the union of the family nucleus and the mental health of the children, financial difficulties that may arise as a result of the divorce process, one of the spouses still loves the other and wants to keep trying…
Of course, there are less pleasant situations such as violent situations. In these situations, a lawyer can assistand protect the spouse according to the law and help the client find evidence that will lead to a quick and less painful divorce proceeding.
When one of the spouses refuses to grant a divorce, the other spouse cannot simply continue with their life as if nothing has happened: both spouses are subject to limitations, which unfortunately differ from man to woman.
Because the situation is not pleasant for both parties, it is highly recommended to tryto resolve it through a mediation process or by contacting a lawyer who can help and find common ground together with both spouses. Sometimes couples do try to rekindle the passion and preserve the married life.
In extreme cases, when both spouses are entrenched in their opposing positions, the legal world makes it possible totake steps against a divorce refuser, with the aim of encouraging him to surrender and confirm the granting of the divorce:
She can file a claim against her spouse for alimony, which can entitle her to punitive alimony. This alimony is alimony that is given as a fine, because the spouse hardens his heart and refuses to allow the spouse to divorce as she wishes. As a result, this alimony amount will be much higher than the average amount of alimony that is currently determined for that woman; which is usually determined according to the standard of living of the family, the employment status of the spouses, and the way they deal with money during the assets. Hopefully, this levy will motivate the spouse to bring about a cooperative separation.
The divorce procedure is complex and involves many stages, but as long as an experienced divorce layer guides you and helps you maintain a clear and emotionless path, you will be able to succeed and enjoy a pleasant divorce process that is conducted on the basis of compromise and not war. In case of difficulty, it is always recommended to contact a mediator and try to find an equal valley together.
In more severe cases, the couple meet in court, where the final decision regarding the various issues in the divorce procedure is determined by a judge and not by them. A lawyer will help you advance your preferences, make your voice heard before the judge, and help bring about a decision that is in your favor.
The common recommendation is to try and bring about a calm and carefully planned procedure as possible in order to succeed and consider the children and maintain a positive relationship with the ex-spouse.
As an experienced lawyer specializing in family law, attorney Ziv Beitel knows that people going through the divorce process are in a problematic position and point in their lives. Therefore, in addition to his professional experience and extensive knowledge in the fields of family law, he brings with him to the advice and guidance of such clients the warm human relationship and empathy they need.
Awarded as a Duns
Top 100 Attorney
Industry Leader in