A divorce can be short and quick, or long and complicated. We asked a divorce lawyer in Jerusalem to explain how divorce proceedings actually begin.
The quickest, shortest, and most effective way to divorce, the lawyer explains, is by agreement. But when the spouses cannot agree on the divorce, legal proceedings have to be opened.
In this article we offer a practical guide for anyone going through a divorce, with professional, up-to-date information on how the divorce process begins.
How to start divorce proceedings – the first step, the decision
Divorce proceedings begin when one spouse, or both, decides to end the marriage. When both spouses want the divorce, the best course is to complete it by mutual consent.
Ending the marriage by agreement shortens the process and closes it with dignity, without disputes that could poison the relationship between the spouses later, especially when children are involved.
If there is no agreement between the spouses, consult a lawyer and move on to the next steps.
How to start divorce proceedings – the next step: opening a divorce case
One of the decisions every divorce guide dwells on is where to open the case. Divorcing spouses have two options: opening the case in the Family Court or opening it in the Rabbinical Court. The choice of forum shapes the entire proceeding, so weigh it carefully and consult a lawyer who knows this field well.
Note: although the divorce ceremony itself can take place only in the Rabbinical Court, the claims and hearings can be conducted either in the Rabbinical Court or in the Family Court, depending on your choice.
How to start divorce proceedings – the next step: opening a dispute resolution file
By law, you cannot open a divorce case without first going through a dispute resolution process. To start it, you must file a request for dispute resolution. If the process succeeds, you draft an agreement between you and bring it to one of the courts for approval. If you do not reach an agreement, you must wait sixty days from the date the dispute resolution file was opened, and only after those sixty days can you file a divorce claim.
Note, though: even during those sixty days you can ask for temporary remedies, such as an order barring departure from the country if there is concern the spouse will try to flee, a claim for urgent support, and more.
How to start divorce proceedings – the next step is filing the claim
In the divorce claim you must set out the grounds on which you seek the divorce. Attach supporting material and evidence, such as photos, messages, or anything else that backs up your claims, and be ready to bring witnesses.
How to start divorce proceedings – the next stage: the hearings
The hearings are the hardest part of a divorce claim. This is where each side presents its arguments, cross-examines the other side’s witnesses, and more. Keep in mind that the judges, whether in the Family Court or the Rabbinical Court, will ask you questions too, sometimes hard ones, and you will need answers that satisfy them.
How divorce proceedings end – the final stage, the ruling
After the judges hear your arguments and evidence, they hand down a ruling. It is worth knowing that a ruling can always be appealed to a higher instance.
A guide for the divorcing – 4 things you need to know
Most of the disputes and hearings in a divorce revolve around four things: child support, spousal support, child custody, and joint property.
Joint property
Joint property is the property the spouses accumulated together. All property acquired after the wedding, all property registered in both names even if bought before the wedding, all money and savings, study funds, goodwill, and career assets count as joint property to be divided equally between the spouses.
Assets one spouse owned before the marriage, assets one spouse received as a gift, benefits one spouse receives from the National Insurance Institute, or compensation awarded to a spouse for bodily injury are not joint property and are not divided in the divorce agreement.
Child custody
Child custody is one of the most contested issues in divorce proceedings. There are two types of custody: joint custody, and sole custody, where one parent raises the children and the other has visitation time. In either arrangement, both parents share responsibility for the children.
Spousal support
Spousal support is a sum the husband must pay his wife for as long as they are married. After the divorce the husband owes no spousal support, unless the divorce agreement says otherwise. The purpose of spousal support is to let the wife keep the standard of living she had during the marriage.
Child support
One of the most consequential rulings in a divorce claim is the one setting child support. In recent years child support law has gone through a revolution. Up to age six the father bears the duty to support the children, but above age six it has been held that where the parents’ financial situations are similar and custody is joint, each parent covers the expenses while the children are with him. Other expenses, such as health and education, are borne equally by the parents.
To sum up the guide for the divorcing – how proceedings start and the road to the get
The road to divorce runs through several stages: the decision, the choice of the judicial forum that will hear the claim, the attempt at dispute resolution, filing the claim, the hearings, and the ruling.
