Myths about divorce proceedings – don’t say you didn’t know
Often, when couples divorce, they “acquire” a great deal of knowledge from acquaintances, neighbors, etc. who consider themselves experts in divorce proceedings. Divorce Therefore, the divorcing spouse is advised things that are not necessarily true.
The divorce process is a complex process that consists of two courts: the Family Court and the Rabbinical Court. In addition, the divorce process consists of feelings, sensations, and high emotions that play a crucial role at the beginning of the process and throughout it.
It should be noted that each divorce case is different from the next and each divorce case consists of different life circumstances of the spouses.
In light of the above, Don’t listen to the advice of others.Because, with all due respect, they are not professionals. Therefore, you should consult with a lawyer who deals with family matters and is familiar with divorce matters.
In this article, I will attempt to debunk myths related to divorce, which are not necessarily true.
Myths about dividing joint property
A woman who cheats will not be eligible. For the division of the joint property (i.e., you will not be entitled to half of the joint property) Not true at all.
In the past, there was a ruling in the Rabbinical Court that stated the above, but the High Court reversed the Rabbinical Court’s ruling and determined that In case of betrayal There is no connection in the division of property. What is possible is that a woman who cheats will lose her alimony and her address – but this also depends on the circumstances of the specific case.
It should be emphasized that if the spouse has an apartment from before the marriage, it may indeed be divided. This depends on the facts of the case, such as; the length of the marriage, the conduct of the parties with respect to the property in general, promises made, the existing registration at the time of separation, the joint effort, the income gaps between the parties, etc.
A husband who wants a divorce needs to “just open a case in the rabbinical court,” and that’s it.
At the outset, it should be said that it is of great importance that the divorce lawsuit be filed and meet the legal tests, as without the aforementioned, the lawsuit will “fall” and in effect the man will “miss” the opportunity to acquire an “advantage” in the trial authority.
In addition, it should be remembered that the divorce claim must be based on a specific ground for divorce that can, of course, be proven – if there is no ground for divorce and/or it cannot be proven, then the man will be exposed to having his claim rejected and even having to pay the wife’s alimony.
It should be noted that it is important to legally involve the divorce matters in the lawsuit. If the man does not do so, the woman can open a case in a matter that is not involved. At home Family Law.
It is important to remember that contacting a family law attorney will assist in preparing the divorce petition according to the law.
“For a man, the rabbinical court is good, and for a woman, the family court is good.”
This is the most common myth about divorce, but it is actually not true.
In the State of Israel, there are two main courts that hear divorce cases between spouses; the Family Court and the Rabbinical Court. Of course, in the race between these authorities, it is important who files their claims first and to which court.
In one case, it may be correct for the woman to file the child support claim with the Rabbinical Court and not with the Family Court, and in another case the opposite may be true. Therefore, and accordingly, it is important to consult with a divorce attorney who is knowledgeable in the aforementioned knowledge and has extensive experience in building the best divorce strategy that is most appropriate for the specific client.
Read more: About Choosing the right court for a divorce lawsuit
Myths about child support
At the outset, it should be said that sometimes people think that a man will not be obligated Paid Child support When his wife earns more than him – the above is not accurate, and the answer to this is found, among other things, in the age of the children.
That is, according to Jewish law, the father is obligated to provide for all the essential needs of his children (until they reach the age of 15), regardless of the mother’s ability.
This means that even if the mother earns more than the father, the father will still be obligated to pay child support to his children until they reach the age of 15.
However, after the age of 15, this is child support from “charity law,” at which point it is likely that the mother’s financial ability will be examined by the court, and if the mother is able to do so, it is likely that she will be required to participate in child support, beyond the necessary needs.
In this regard, it should be noted that the more the mother earns than the father, the more likely it is that the amount of child support will be closer to the minimum.
When joint custody is established, the father does not have to pay child support.
This is not accurate. The answer to this depends on the various rulings of the Family Court and the Rabbinical Court, and currently there is no uniformity among the judges. Today, it is customary to see the ruling as a 25% reduction in the amount of child support that would have been determined if custody had been in the mother’s hands alone.
Not only that, but an unemployed, disabled, or imprisoned father is also obligated to support his children, as mentioned above, the obligation imposed on a father to support his children originates from Jewish law, as it is an absolute obligation of the father to provide and nourish his children to their necessary needs.
It should be emphasized that a father will be obligated to pay child support not only based on his actual earnings, but also based on his earning potential and whether he is a healthy/young man, as well as based on his assets and/or property in his possession.
A woman who cheats will not be entitled to custody of her children.
This is not true. It should be noted that the mother’s betrayal of her father is not the reason for her children to be separated from her. In the State of Israel today, there is still Premise Early childhood – According to which children up to the age of 6 will be in the custody of the mother, unless it is proven that the mother is not mentally and emotionally fit to be the guardian of her children.
It should be noted that the decision regarding child custody will always be based on The child’s best interests, when this principle is a guiding light for the court and/or tribunal.
