Divorce

If you are looking for an Israeli divorce lawyer, we have over 23 years of experience and a track record of success with our clients in difficult situations like yours.  

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.

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What is a divorce proceeding?

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:

• Divorce by Consent: This occurs if both spouses have reached a joint decision that their married life together is no longer working and it’s time to break up the package. The decision is never easy, but it is highly recommended that this decision is made together, especially when children are involved in the process. Divorce by consent is usually carried out in a more pleasant and calmer manner, and many times thecouple can maintain friendly relationships even after the divorce. These are usually carried out by a lawyer and/or a mediator who helps to keep the discourse on the subject of the law, create compromises, and recommend solutions that are convenient for both parties as much as possible. 
• ‍Unilateral Divorce: This occurs when one of the spouses has decided to separate but has not included the other partner inthe decision or the other partner does not wish to proceed with this. In either situation, a spouse who wishes to proceed with this should contact a divorce lawyer who can help them develop the right strategy to handle the delicate situation. It is important to try and collect as much evidence as possible which will demonstrate that the divorce procedure is essential and that the reason for the divorce of the spouse who is in favor of the decision is acceptable and fair. Examples include recordings, contracts, letters and anyother item that comes to hand. Divorces without consent, especially those involving enmity or abuse, often present evidence for and against various aspects of the divorce world (such as reasons for and against the divorce procedure itself, custody or division of property) before a judge in a family court.

Pay Attention

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

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.

Refusal to divorce for the wife:

• A woman who refused a divorce cannot have sexual relations with any man who is not her husband. If she does this and it is discovered, she will be considered a woman betraying her loyalty to her husband. As a result, she will lose her ketubah, her right to alimony and, despite this, will continue to wait for a divorce.
• A woman who is refused a divorce cannot remarry.
• A woman who cannot get a divorce cannot have children. If she decides to do this, these children will be considered bastards and, according to the Jewish religion about 10 generations of these children will not be able to marry in Israel.

Refusal to divorce for the man:

• A man who refuses a divorce cannot remarry.
• A man who cannot get a divorce is prohibited from having children, unless he brings them together with an available woman only.

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:

• The divorce refuser is prohibited from flying abroad
• They are prevented from issuing a passport or renewing a passport
• Their driver’s license is revoked
• Professional licenses in his possession such as a medic’s, doctor’s or real estate agent’s license and even a fitness instructor’s license are denied
• Imprisonment
• Prevention of being appointed to political positions

 A woman who is refused a divorce has several other coursesof action.

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.

In Conclusion

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.