When to contact a divorce lawyer?
The dissolution of the family unit is in most cases accompanied by a long, complicated and exhausting divorce battle. This is true both when it comes to a life together of many years in which children have been born and assets have been accumulated, and also when it comes to a couple just starting out. In both cases, many issues are involved that require a decision and a fair division.
In my face Divorce lawyer The whole picture unfolds: opening the divorce case, dividing the property and dissolving the partnership, the issue of alimony for the wife and children – filing a lawsuit and defense briefs, custody and visitation arrangements and all the subsections related to them. At the same time, the proceedings are conducted in two instances – Home Rabbinic Law And the Family Court – which complicates the process even more.
How do you start and when do you contact a divorce lawyer?
It is of great importance to consult with an attorney in advance before starting the process. The party seeking a divorce must plan his steps carefully so that his rights are not violated, while receiving legal and financial advice.
Only such thorough preparation will reduce the risk in the process, ensure his rights as a parent, and protect his financial rights.
Let’s take, for example, the very opening of a divorce case. Seemingly a simple action that requires no advance planning. Only seemingly.
In practice, the opening of the case may signal the beginning of the procedure, determine which court will hear it, and have a strong impact on the couple’s continued life, the division of property, their financial ability, and everything related to child custody and visitation arrangements.
Assistance from a lawyer in opening a divorce case
The divorce case will be opened in the Rabbinate and not in the Family Court. The issue of divorce in the State of Israel is under the exclusive jurisdiction of the Rabbinical Court. Upon opening the case, a request can be submitted to cover the other issues – such as alimony and property – and ask the court to discuss them.
In some cases, the alimony claim will be filed directly with the Family Court before the divorce case is opened. This matter is known as a “jurisdictional race” in which one of the spouses tries to be the first in time and determine which court will hear the matter. Therefore, a divorce and family lawyer should be consulted before the first step in the process is taken. Such consultation may prevent future problems and a race between the two courts.
Alimony claim
Claim Alimony It can be included in the divorce case, under the conditions specified by law, or submitted to the Family Court before the case is opened – according to the considerations of the requesting party. In the claim submitted to the Family Court, the facts of the family dispute must be detailed, and the appropriate documents must be attached, including affidavits, a statement of details form, and 12 pay stubs or a CPA certificate.
Additionally, the references for the amount of child support claimed must be specified. Sometimes, requests for seizure or restraining orders, orders to delay leaving the country, etc. will be attached to the claim.
After payment of the fee and delivery to the opposing party, a 15-day countdown begins, at the end of which the defendant is required to file a defense. The plaintiff, if the conditions specified in the law are met, may file a request for a response. The procedure will continue and will also include evidentiary hearings.
As you can understand, this is not a simple claim and it is recommended to seek the services of a lawyer who is well-versed in this field.
Custody and visitation arrangements
As part of the divorce process, the court hearing the case will decide which of the spouses will receive physical custody – the actual custody of the children – and what the visitation arrangements will be for the party who does not have custody of them. This decision has a fateful significance and a long-term impact on the child’s well-being.
Mismanagement of the procedure may deprive the child’s upbringing of the person with the best parental capacity. Therefore, care must be taken to uphold the right of one of the spouses to raise their children, request relief memoranda and tests of parental capacity from the court, and ensure that the minor’s opinion and wishes are heard, depending on his age and understanding.
Visitation arrangements for those who have not actually taken over the upbringing of the children are also a matter that requires planning and thought. A parent’s visit once a month is not the best visitation arrangement. The parent has the right to request and even receive weekly visits, to host the minor on weekends, and to divide holidays and observances equally.
Division of property – dissolution of partnership
The dissolution of a partnership between spouses usually becomes a matter filled with tension and anger. The division of property will significantly affect the rest of their lives, so it is very important to plan the dissolution carefully and economically.
Regarding couples who signed their children’s Agreements Finance, the validity of the agreement must be examined and whether there has been a change in circumstances. This agreement will be subject to a resource balance arrangement, unless the parties have determined otherwise. For spouses who have not entered into a financial agreement, the date of marriage determines – and accordingly, whether the “presumption of partnership” or the “financial relations law” will apply in their case.
The balancing of resources that will be carried out will summarize the total assets of the spouses and the total joint debts.
In this matter too, many controversial questions arise – starting with the definition of joint property, what will not be considered joint property? What is the law regarding inheritances and gifts? Should the spouses be given balanced financial assistance that was used to purchase assets? What is the share of each spouse in businesses belonging to the family unit?
Are there rights for those who did not actually work in this business? And other important and essential questions. To ensure a fair dissolution of a partnership while preserving the rights of the represented party, one should seek legal advice and assistance and not take this important issue lightly.
