How to divorce correctly and avoid mistakes
Couples who have decided to divorce face a serious emotional crisis, especially in families with children. Of course, everything is made more difficult by the increasing anger and disagreements.
In order to mitigate the traumatic impact of the procedure, you can and should adopt some smart ways that will help you get divorced properly and, on the other hand, avoid all those things that you simply cannot do.
The Sharon Segal Law Firm team has written a short and clear guide for you that will guide you through the procedures, and explain how to get divorced correctly and with minimal damage.
Before and after everything, always recommended Contact for personal legal advice from a skilled attorney specializing in family law and divorce proceedings..
Only after consulting with an expert in the field can informed decisions be made and effective procedures initiated.
Attention to detail and focus on what’s important!
Planning a divorce strategy
It is important to build a plan that includes principles and realistic goals regarding essential issues such as the division of property and everything related to children such as custody and visitation arrangements. Setting achievable and shared goals as much as possible will prevent frustration and unnecessary conflicts later on.
On the other hand, it is worth setting red lines that should not be crossed by both parties, such as avoiding criminal practices that include leaving the country with or without the children, liquidating bank accounts, or filing false complaints.
A fundamental issue in planning a strategy is to take into account the time factor. The court and divorce proceedings can be a long and arduous journey, especially in a situation where there is a lack of agreement on matters of property, finances, and arrangements related to children.
When the process drags on for several years, both parties lose both financial resources and may reduce their chances of turning over a new leaf on a personal and family level. In this way, even if the lawsuit is won, there is considerable financial damage on its side.
Furthermore, due to the delay, receipt of the property that was ruled to be due to that party will be delayed. From a personal perspective, the possibility of opening Chapter 2 may be affected.
For example, a woman who is busy for several years in a cumbersome legal battle may lose her fertile years and thus her chances of starting a family from a second marriage, and as the years pass, the chances for both spouses to find a new partner may decrease.
Another important principle is to focus on the right questions. Many tend to believe that simply adhering to the requirements of family law will lead to the desired victory, but the reality is much more complex, so the question should be how the circumstances of the specific case can be adjusted so that the law is on my side, not what the law says.
Document and collect official documents
In order to formulate and prove the claims that will be raised in court, it is important to collect evidence in the greatest possible quantity and legally; recordings and photographs can ensure a good result, but it is important not to resort to criminal acts such as invasion of privacy, wiretapping, and illegal photography.
If you decide to contact Office Investigations It is important to be careful and work only with an office that operates under a license from the Ministry of Justice, and always entrust and instruct investigators to work legally and not get carried away by giving information that could endanger and implicate you in criminal matters.
Couples therapy and family therapy
It is recommended to consider Treatment Couple Before starting divorce proceedings. Trying to bridge the gaps with a good and attentive professional can save the marriage. For those who do not benefit from this type of help, there are other options such as getting advice from a rabbi or working with a relationship coach.
Couples who have decided to divorce and want to do what is right for the children can turn to family therapy, with the aim of making things easier for the children and helping them cope, which is difficult not only for parents who are separating, but also and especially for young people who did not choose to reach this point.
Absolute agreement on the best interests of the children
It is important to establish a detailed plan that will prevent harm to the children as much as possible. The guiding principle in such a plan is to continue to care for them but keep them out of the conflict, by being careful not to quarrel in their presence and avoiding inciting them against the other party or using them as a tool in the divorce process.
These may cause long-term harm to both the children and the couple, and are also not looked upon favorably in court.
Dispelling Divorce Traps
Divorce traps are cunning moves that usually come from the feverish minds of shrewd lawyers. For example, a suggestion to a spouse to use a joint lawyer, supposedly for reasons of cost savings, can serve as a trap, since the person who chose the lawyer is the proposing party and it is clear that it is the lawyer on whose behalf the scheme was devised. Divorce Agreement For his benefit.
In order to overcome divorce traps, you should consult an experienced lawyer who will not only know how to identify the traps but also know how to solve them and devise new traps creatively..
Don’t forget the power struggle.
It is important that the divorcee be informed about the legal instance in which he should file the lawsuit (the Rabbinical Court or the Family Court) and also be aware of the importance of initiating the lawsuit before the other party does so, since in divorce there is an advantage for the party that initiates the process.
Maintaining confidentiality
It should be taken into account that the other party will try to obtain information regarding documents and evidence, so you should be discreet and suspicious of people who suddenly try to befriend you. It is possible that these are private investigators sent on behalf of the other party to spy on your spouse and obtain information from him. It is also advisable to be careful and keep personal documents, correspondence with your lawyer, passwords to your email and your cell phone.
Even when preparing for the divorce proceedings, it is important to be careful and maintain discretion and to minimize as much as possible the sharing of information with anyone who is not “100% on your side.”
Assistance from lawyers specializing in divorce
Over the years, we have met quite a few of these people who decided to divorce, and quite a few of them turned to an attorney who is a friend or a friend of a friend, who understands the field. It should be remembered that family law and divorce proceedings in particular are a broad legal field, requiring specific specialization and extensive experience in appearing before the court and rabbinical courts.
If you have made the right decision to divorce, the path begins with an attorney who specializes in the field, not with friends and acquaintances, even if they are lawyers who practice in other fields.
Obtaining knowledge from trusted sources
In addition to the assistance of professionals and receiving advice from experienced people, it is even more important that the person facing divorce deepen their knowledge of the subject as much as possible by learning the laws dealing with divorce, reading updated court rulings, and gaining maximum exposure to solutions that have been proposed and implemented in previous cases (especially those similar to the case being divorced).
It is important that all of this is taken from reliable and up-to-date sources, and hence you should take with limited liability the information written in newspapers, magazines, and websites whose owners you do not know. As always in life, not everything written is true, accurate, and meets your needs.
Amicable divorce
Although this is difficult and sometimes impossible, it is important to always strive for a divorce agreement that is made amicably and with an agreement to compromise for both parties. In the worst case, even if the other party attempts to act first and activates the Race Powers And legal proceedings have already been taken, it is recommended to avoid as much as possible unnecessary conflicts that will further cloud the atmosphere and make it difficult to achieve the goals.
We recommend that you seek and consider the possibility of mediation between the couple, always and above all. People who think about their future and the future of their children often find solutions through mediation, even in the face of a difficult personal conflict and a crisis of trust that is usually resolved only through Lawyers And in the courtroom corridors.
Don’t hesitate and don’t rack your brains on your own – contact us.
Want to know more about divorce proceedings?
Click here for personal legal advice!
Things you shouldn’t do if you want to do it right…
Disseminating information regarding your intention to sue your spouse
It is important that the intention to file a lawsuit against your spouse be kept secret. You should not discuss it with any of your relatives, and even less so, do not reveal it to your spouse.
The reason for this is the power race, in which there is a significant advantage for the side that is first and turns to the legal system that may benefit him (the Rabbinical Court or the Family Court). Involving your spouse in the intention to file a lawsuit may be an irreversible mistake, as then he may be first to file his claim to the system he prefers.
Signing documents prepared by the other party
If your spouse tries to convince you to sign any document prepared by him or his representatives, or even a document you prepared in collaboration, you should not sign them before receiving legal advice. Such documents may serve as a trap.
Transferring funds to the other party that is not anchored in the agreement
Any transfer of funds by one of the spouses must be supported by complete and clear documentation. An unspecified transfer of funds opens the door to erroneous conclusions as to the purpose of the transfer. Was the money transferred as a gift, loan, debt repayment or refund to a third party by the spouse.
Filing a false police complaint
A police complaint that is proven to be false causes damage to both the complaining party and the spouse: the initiator of the complaint is likely to be indicted and his image will be damaged in court.
In addition, the injured party may file a tort claim that will cost high amounts of money, up to hundreds of thousands of shekels. If the court is convinced of the validity of the complaint, the other party will suffer irreversible damage that could literally ruin his life, including expenses and fines, conviction, indictment, and loss of employment.
Confession of infidelity and unnecessary statements
A spouse who admits to having a romantic relationship outside of marriage seriously undermines the conduct of the divorce proceedings, as infidelity Intensifies the emotional damage and the desire for revenge, which will increase tensions between the parties and sabotage the possibility of reaching agreements.
Secondly, from a legal perspective, great harm is caused to the one who confesses to infidelity. For example, in a case where a woman had a romantic relationship and the husband filed a lawsuit with the rabbinical court with solid evidence of her infidelity, the court may exempt the husband from alimony and deprive the wife of a share of the property except for what is left of the dowry.
Property division Inequality is also possible in the case where the husband is the one who cheated.
It should be remembered that it is advisable to avoid promises such as: “You do this and that, then I will do this and that…” but rather unnecessary statements, which are said in a moment of anger and do not contribute to the existing situation, especially since these statements may cost a lot in the future, when revealing recordings in court, for example.
Advice from friends, family and acquaintances
Even if the person about to get divorced is surrounded by friends, relatives, and acquaintances who truly want the best for him, you should not listen to their advice. They are not professional experts in the field of divorce, and even if one of them has experience, this does not guarantee that the circumstances of the case are similar.
For example, a man may receive advice that he should prefer to file a lawsuit in the Rabbinical Court in any case, which is not always true, and a woman may receive a recommendation to contact the police regarding an action by her husband that could be interpreted as violence, which may turn out to be a false complaint and cause great damage in court..
Additionally, beware of types such as fortune tellers, stone healers, and other types of charlatans. These may take advantage of the divorcee’s distress to make easy money and give outlandish advice that could even cost the consultee the loss of custody of the children or property.
The only one whose advice is worth taking seriously is lawyer Experienced and professional divorce specialist, and here too it is important that you make the right choice based on the quality of the professional and recommendations for him.
Click for personal legal advice on divorce matters.
Read more information and articles on the website
Form Request for Dispute Resolution – Request form for dispute resolution according to the new 2014 Dispute Settlement Law, temporary provision
Summary Litigation Settlement Law – Summary of the Litigation Settlement Law, a law that came into effect in 2016 and is an important component today in the divorce case
Corona Emergency – In the special situation in which the State of Israel finds itself due to the outbreak of the coronavirus, some order has been put to the chaos regarding family law, divorce, residence periods and alimony. Rights and obligations of divorced parents in the coronavirus crisis
