Everything you need to know about divorce
This website was established to allow you to easily find the answer to any question regarding family law, divorce, and legal issues in the field. The website contains rich and varied information on these topics, but from time to time, users contact us with additional questions, and here we have compiled the most common ones.
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If you did not find the answer to your question on this page, contact us and we will be happy to assist. Your inquiry will be discreetly forwarded to a lawyer in the field. To go to the answers, click on the links:
- In which cases is it recommended to draw up a divorce agreement?
- What disputes must be resolved within the framework of a divorce agreement?
- How should divorce agreements be approved in the Family Court?
- What is special about divorce proceedings where the reason is infidelity?
- What considerations will determine child custody arrangements?
- What are child support payments?
- How will the amount of child support be determined?
- What is a divorce and how can one obtain one?
- How is a divorce claim filed in the Rabbinical Court?
- What is a name investigation?
- What is the meaning of the ketubah?
In what cases is it advisable to draw up a divorce agreement and how to do so?
The next step in the divorce process will be drafting and writing a divorce agreement. A divorce agreement is an agreement that describes the understandings reached between the spouses on issues that need to be decided upon after the separation, such as the division of finances, alimony, and children.
The contract can be drafted without a lawyer, but it is highly recommended to involve a lawyer in the process of writing the contract, as understanding the options and experience in the field are of paramount importance when writing this contract. Especially when it comes to child custody and visitation arrangements, the divorce agreement is an agreement that is made for the long term (until the children reach the age of 21, usually), and it should satisfy your needs and desires today – and also for the long term.
Furthermore, a divorce agreement must be approved by a family court or a rabbinical court. An agreement that has not been approved by one of these courts does not obligate the spouses to implement it. There are cases in which the family court or the rabbinical court reject the agreement if the agreement is not written in an agreed and orderly manner and contains accepted points of principle, so it is recommended to seek the assistance of a lawyer in this matter.
What issues should be addressed in a divorce agreement?
The divorce agreement must clearly state that the couple agrees to separate and divorce, and then clearly address the following issues:
Property and property division – The agreement should detail the exact division of property, as this will bind you later. It is best not to take such a list lightly, because if you are on warm terms with each other today, then during the separation, the chance that your relationship will remain friendly is small.
Custody and visitation arrangements for the children – Includes rights or restrictions on the custodial parent, such as limiting the length of time he can leave the country with the children, limiting his ability to change the children’s names, or the degree of involvement necessary to make substantial decisions in the child’s life (such as where he will study).
Payment of alimony to the spouse and/or children – The agreement determines the exact amount of payments and alimony. The amount of alimony is usually linked to the consumer price index.
How is an application to the Family Court made and how will the agreement be approved?
After you have reached agreements between you regarding the above-mentioned sections, and have hired a lawyer to draft these agreements in a manner acceptable to the court, and after the agreement has been written by a lawyer and approved by both divorcing parties and signed by them, you can apply to a family court to obtain legal validity for the agreement. The application is made by the lawyer, and a date is set for a hearing on the agreement.
If the agreement is written by a lawyer and with the consent of both parties, the court hearing will last several minutes, during which the judge who will hear the application will try to see that the couple understands what is written in the contract and intends to abide by the contract, that the contract is written in a sufficiently comprehensive manner and contains the customary clauses that must be decided upon at the time of separation, and that, according to his discretion, it appears that the agreement between the couple can be valid over time (for example, that the alimony payment is not significantly higher or lower than average, that the child-visitation arrangements are clear, etc.).
It is important to know that if the divorce agreement is decided in legal courts, if it becomes necessary to change the terms of the separation agreement over the years, the couple will have to go to the Family Court again. In any case, whether you went to the Family Court to have the agreement approved or not, you will have to go to the Rabbinical Court to receive a divorce. However, if you go to the Rabbinical Court without an agreement approved by the court, you can only change the terms of your agreement in the Rabbinical Court.
It is worth knowing that it is commonly believed that the woman has advantages in having the agreement approved in the family court, while the man’s affairs will be further advanced in the rabbinical court. Therefore, here too, it is worth involving an experienced lawyer to help reach a decision – which body to turn to.
In the family court, the agreement you drafted will be approved and sealed with the court’s seal. Make sure to take a photo of the signed agreement with both of your signatures and the court’s seal, at least so that each of you has a copy, and be sure to keep the original.
What distinguishes a divorce based on infidelity?
Infidelity by a spouse damages the relationship of trust between the spouses, a relationship of trust that is required for managing a home and raising children together. Therefore, the act of infidelity, if it can be proven, affects the status of the parties before the court when making decisions regarding the dissolution of the family unit and the division of joint property.
If a spouse learns of an act of infidelity on the part of their spouse, it is recommended to consult a lawyer immediately. It is not always advisable to disclose the discovery; sometimes it is better to conceal the discovery and prepare a strategy for divorce following the discovery, according to the instructions of an experienced lawyer.
Violation of property rights – According to Jewish law, a man who cheats on his wife is not harmed financially when dividing the property, but a husband who proves that his wife cheated on him can deprive her of almost all of their joint property. Rabbinical courts do not always act according to this guideline, so it is important to obtain quality legal advice if the reason for the separation is indeed the wife’s infidelity. It is important to note that debts that can be proven to have arisen due to infidelity, according to the court, are debts of the cheating party only.
Child custody – Parental infidelity has no effect at all on the question of custody of minor children, unless there is a connection between the infidelity and the best interests of the minor. In issues regarding child custody, the question of the best interests of the child is the primary consideration before the judge.
A woman’s infidelity with her husband causes the woman to lose her right to receive alimony, and also impairs her entitlement to receive alimony – that is, to receive payments from her husband to support her if she is not working, until the divorce proceedings are concluded. After divorce, in most cases, a woman is not entitled to alimony, so the question of alimony becomes irrelevant. Likewise, a working woman is not entitled to alimony. Of course, child support is not affected as a result of infidelity.
What are the considerations when determining a child custody arrangement?
Until they reach the age of six, and without special circumstances, the court overwhelmingly prefers that a child remain with his mother. However, the best interests of the child are before the court in any hearing regarding the division of custody of minor children. If it can be proven that it is in the best interests of the child to remain with their father, the court will grant custody to the father. The wishes of the parents are not a consideration in making a decision in court, if it contradicts what appears to be the best interests of the child.
The court may use child welfare experts, such as social workers, psychologists, etc., to determine in cases where there is a lack of clarity who will receive custody of the children, and the older the child, the more likely the court is to listen to his wishes regarding custody. It is also possible to establish joint custody of the children, in which both parents share equally in the responsibility and care of the children. In either case, the non-custodial parent is still the guardian of the minor and does not lose his parental rights.
The visitation arrangements for the spouse who did not receive custody of the children are designed to preserve the parental relationship between them and the children. The accepted visitation arrangements are – during the week the child will meet with the parent twice, and the child will also spend a weekend with the parent every other weekend.
Holidays and festivals are divided equally, alternating. That is, the child will alternately spend a holiday with his mother one year, and the following year the same holiday with his father. During the year, it is customary to divide the holidays between the families so that each year the child will spend some of the holidays with the mother’s family, and some of the holidays with the father’s family.
What are child support payments?
Child support is a contribution to the cost of raising joint children, which is paid by the parent who does not have custody of the children to the custodial parent (the custodian), who remains in custody of the children. Usually, the mother is the one who receives custody of the children, and the father is obligated to pay child support to the mother for them.
How is the amount of child support to be paid for each minor determined?
Floor amount – For the child’s essential needs, such as childcare fees, food and clothing, education and some housing expenses – according to Jewish law, the father is obligated to pay for the child’s essential needs until they reach the age of 15, even when the father is unemployed or has a low income, this portion of the child support payment remains fixed.
section – The father must contribute to the housing expenses (rent or mortgage) for his children, at the rate of 30% of the amount for one child.
Needs from charity law – Child support may include additional items such as classes, entertainment, tithes, furniture, and the like, according to the child’s needs and the father’s financial possibilities.
What is a divorce and how do you get one?
The divorce document itself is handwritten, by a religious person who is authorized to speak, within about a month of the completion of the name investigation process. It is important to know that until the divorce document is issued, the couple is considered married for all intents and purposes. For example, if one of the spouses is having an affair at this stage in the relationship, he is considered an adulterer under Israeli law. For the purpose of issuing the divorce document, an additional meeting will be scheduled at which both spouses must be present. The issuance of the divorce document involves a short ceremony, in which the man gives the divorce document to the woman. The judges in the court guide the couple on how to proceed precisely when receiving the divorce document.
How do you file a divorce claim in the Rabbinical Court?
When both spouses are Jewish, in order to obtain a divorce in any marriage, civil or religious, after signing an agreement in a family court or without the court’s involvement, a reasoned request must be submitted according to Israeli law, to the Rabbinical Court. It is realistic to expect this process to take about six months.
You can also get help from a lawyer when filing for divorce in a rabbinical court, but after signing an agreement in court, this is not necessary. It is important to state the grounds for the divorce and emphasize that you see no chance of peace in the home, especially if you have minor children.
In the first stage of the process that must be completed at the Rabbinical Court, a divorce application file must be opened. When opening the file, there is no obligation for both parties to be present, but you will need to fill out forms that include the details of both spouses, an ID card, a residential address for mailing, and more. Opening a divorce file involves paying a fee and going through a bureaucratic process, at the end of which the couple is set a date for another meeting in the presence of the Rabbinical Court judges.
You must come to the Rabbinical Court to receive the forms to fill out for opening the case, and you can submit the forms and pay the fee for opening the case at the same meeting. It is advisable to come to the Rabbinical Court in modest clothing; it is recommended that men bring a kippah with them. The process will end with the receipt of a get – a written document that records the details of the get applicants, and indicates that they are no longer married.
How is a name investigation conducted?
Another meeting will be scheduled for the couple, for the purpose of investigating names. In this process at the rabbinical court, both spouses are required to attend, each accompanied by a first-degree relative (father, mother, brother or sister). This process is a process in which the couple is asked questions regarding their personal details and the details of their family members, in order to verify that there is a reason for the divorce, and that the rabbinical court has accurate data about the divorce applicants and their parents. It is important to know that a divorce granted to a couple that contains an error in the name of one of the spouses or his or her parents is not a valid divorce.
During the name investigation meeting, the couple will be asked about the reason for the divorce, their relationship, and they will also be asked about their names and the names of their parents, their nicknames and other names, and their historical biography. It is worth finding out in advance about the names of the parents, their hometown, their maiden names, etc. It is important to provide clear answers and be confident when giving answers to the court judges. Lack of confidence may be seen as hiding details or not telling the truth, and may lead to further investigation.
The investigation of the names is done in the presence of three judges of the rabbinical court, in the courtroom. The couple will stand before the judges and answer their questions. During the investigation of the names, the witnesses who were brought in will also be questioned – the relatives of each of the spouses, both regarding their personal history and regarding the relationship between the spouses. At the end of the investigation of the names, the judges will rule regarding the divorce – whether there is a reason to grant a divorce, and will also keep the names of the couple and their parents as they were presented to them during the investigation. These names are the ones that will appear on the divorce document.
What is the meaning of the ketubah?
The ketubah is the document that a couple signs during their marriage. The origin of this document is in Jewish law, and the Rabbinical Court has the power to enforce its implementation. This includes paying the ketubah amount. During a divorce process in the Rabbinical Court, the husband is obligated to pay the ketubah amount to his wife.
However, there are acts that will relieve the husband from the obligation to pay:
Voluntary waiver – First, the wife can voluntarily waive the payment of the ketubah. Since the ketubah is usually a large sum and paying it imposes significant hardship on the husband, some women waive the payment of this amount.
Act of fraud – On the part of the woman, or concealing details regarding the woman’s condition at the time of her marriage, for example – concealing details regarding her health condition.
Infidelity on the part of the wife – This situation, which will be discussed in detail below, requires divorce according to Jewish law and deprives the woman of the right to receive her alimony. Even if there is a high probability that the woman is unfaithful or has been unfaithful but there is no conclusive evidence on the subject – the woman may lose her entitlement to receive her alimony.
A rebellious woman – A woman who does not have sexual relations with her husband without a justifiable reason is not entitled to the payment of her address. If the woman behaves rebelliously or trespasses, she can be given a warning to cease her behavior, and after she does not cease her improper behavior – she will lose her address.
Finding fault – If an error is found in the ketubah, or a defect in the manner of its preparation, it will be deemed non-binding.
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