You are facing one of the most significant and complex decisions in life – the dissolution of the family unit. Divorce proceedings are a devastating, emotional, and economic event, involving countless decisions that will affect your future and your children's future. In Israel, this process is even more complex due to the dual court system – the Rabbinical Court and the Family Court – requiring deep understanding and careful navigation.
At this critical point, choosing appropriate legal representation is not a luxury, but a necessity. An experienced and sensitive divorce lawyer is the one who will accompany you hand in hand, explain your rights and obligations, protect your interests, and help you navigate this challenging period in the best possible way. Finding a recommended divorce lawyer is the first and most important step on the path to proper management of the process.
The LawReviews website is designed exactly for this purpose – to help you locate professional and respected divorce lawyers.
Why do you need the accompaniment of a divorce lawyer?
Many wonder whether it's possible to go through divorce proceedings without legal representation. The answer, in most cases, is unequivocal: not recommended at all. The reasons for this are numerous and varied:
- Legal complexity: Family law in Israel is complex and combines civil laws and religious halakha (especially in the Rabbinical Court). A divorce lawyer is familiar with the intricacies of the law, with current case law, and with the procedures of both courts (the Rabbinical Court and the Family Court), and knows how to operate in each of them.
- Emotional management versus rational considerations: Divorce is an emotionally turbulent process. Anger, hurt, fear, and uncertainty can cloud judgment and lead to wrong decisions. A divorce lawyer serves as an objective factor, analyzing the situation professionally and helping you make informed decisions based on your long-term interests.
- Protecting your rights: Without legal understanding, you may waive rights that are due to you by law, whether in matters of property, child custody, alimony, or social rights. Experienced divorce lawyers know how to identify all your rights and work for their realization.
- Bureaucratic navigation: Filing lawsuits, conducting hearings, submitting documents – the bureaucratic procedure is complex and exhausting. The lawyer handles all procedural aspects, saving you time, effort, and possible mistakes.
- Bargaining ability and negotiation management: In many cases, it's possible to reach a divorce agreement by consent and save long and expensive legal proceedings. A recommended divorce lawyer is also a skilled negotiator, who knows how to bridge gaps and reach agreed solutions that serve your interests.
- Dealing with "jurisdiction race": In Israel, there exists a unique phenomenon of "jurisdiction race", whereby the court approached first (the Rabbinical Court or the Family Court) may acquire jurisdiction to discuss issues involved in divorce (such as property and alimony). A divorce lawyer will know to advise you which court is preferable for you and how to act quickly to ensure that the hearing takes place in the forum most suitable for your interests.
Divorce proceedings in Israel: step by step
Understanding the stages of the process will help you prepare better. It's important to remember that each case is unique, but these are the main stages:
Opening the case (or application for dispute resolution):
- The Dispute Resolution Law: Since 2016, before filing lawsuits on divorce matters (except for the divorce lawsuit itself to the Rabbinical Court), it's mandatory to submit an "application for dispute resolution" to the assistance unit next to the Family Court or the Rabbinical Court.
- Purpose of the application: To allow the parties a period of "procedural delay" of up to 60 days (with possibility of extension), during which they are invited to MAHUT meetings (information, acquaintance, and coordination) with social workers and/or mediators, with the aim of trying to reach agreements outside the walls of the court.
- Importance of the lawyer at this stage: Even at the dispute resolution stage, it's important to be accompanied by a divorce lawyer who will advise you how to behave in meetings, what your rights are, and what the desired negotiation lines are.
Filing lawsuits:
If the dispute resolution process failed and the parties did not reach a comprehensive agreement, lawsuits can be filed with the competent court:
- Divorce lawsuit: Filed with the Rabbinical Court (for Jewish couples). Only the Rabbinical Court is authorized to arrange the get.
- Related lawsuits: Additional issues such as property division, child custody and alimony, and spousal support can be attached to the divorce lawsuit.
- Lawsuits in Family Court: Separate lawsuits can be filed with the Family Court on issues such as property, custody, and child support. A spousal support lawsuit will usually be heard in the Rabbinical Court, unless it was filed first in court and is not attached to the divorce lawsuit.
- Strategic importance: Choosing the court and the issues to be filed with it is a critical strategic decision. A recommended divorce lawyer will analyze the circumstances of your case and advise what is the best way to proceed.
Managing the legal process:
- Filing pleadings: lawsuit, defense statement, affidavits, various motions.
- Collecting evidence: financial documents, expert opinions (appraisers, actuaries, psychologists), testimonies.
- Hearings and evidence: preliminary hearing, evidentiary hearings where parties and witnesses are examined.
- Summations: presentation of concluding legal arguments before the court or Rabbinical Court.
- Judgment: decision of the court or Rabbinical Court on disputed issues.
Divorce agreement (if achieved):
At any stage of the process, the parties can reach agreements and formulate a comprehensive "divorce agreement". This agreement must include all relevant issues (property, custody, alimony, get arrangement). The agreement is submitted for approval to the Family Court or Rabbinical Court, which examines that it is fair and made of free will, and in children's matters – that it matches the child's best interest. Approval of the agreement gives it the force of a judgment. Divorce lawyers play a central role in formulating the agreement and ensuring its legal correctness.
Get arrangement:
The religious divorce ceremony is held at the Rabbinical Court, in the presence of the parties and witnesses, and only after that are the spouses considered divorced according to halakha and law.
Main issues in divorce lawyer treatment
A divorce lawyer handles a wide range of complex issues. Here are the main ones:
Property division (resource balancing)
This is one of the most contentious and complex issues. The law in Israel establishes that property accumulated during marriage ("balanceable assets") will be divided between spouses equally, regardless of whose name it is registered under ("Law of Property Relations Between Spouses").
- What does joint property include? Apartments, bank accounts, savings, provident funds, pension funds, continuing education funds, managers' insurance, stocks, options, businesses, personal and business reputation, and even career assets.
- Assets that are not balanceable: Property that each spouse had before marriage, inheritances and gifts received during marriage (unless specific sharing intent was proven), and certain compensations.
- Lawyer's role: A divorce lawyer will work to locate all assets (including smuggled or hidden assets), evaluate their worth (sometimes with the help of experts like actuaries or appraisers), conduct negotiations on the division method, and ensure fair and equal division according to law and case circumstances. It's also important to handle joint debts.
- Ketubah: In the Rabbinical Court, the woman has a right to claim payment of her ketubah, although this right depends on the circumstances of the divorce and the parties' behavior.
Child custody and visitation arrangements (residence times)
The child's best interest is the supreme guiding principle in any decision concerning children.
- Physical custody: Who will be the parent with whom the children will reside most of the time. Today, the trend is to move from "custody" discourse to "shared parental responsibility" and "residence times" discourse.
- Joint custody: A situation where both parents share parental responsibility and residence times with children equally or close to it. Requires a high level of communication and cooperation between parents and geographical proximity.
- Visitation arrangements (residence times / visitation arrangements): Setting a detailed schedule for children's residence with each parent, including weekends, holidays, and vacations.
- Guardianship: Both parents remain natural guardians of their children even after divorce and must make joint decisions on substantial matters (education, health, change of residence).
- Lawyer's role: A divorce lawyer will help you formulate arrangements that benefit the children and your parental ability, considering the children's age, their wishes (according to their age and maturity), the relationship with each parent, and their parental competence. In cases of dispute, the lawyer will represent you in court or Rabbinical Court, presenting your position and supporting evidence (including opinions of psychologists or social workers if required). The goal is to find the right balance between your right to parent and the children's best interest.
Child support
The obligation to care for children's economic needs applies to both parents.
- Essential support: According to law, the father is absolutely obligated to provide his children's essential needs until age 15 (housing, food, clothing, health, basic education).
- Support from charity law: Beyond essential needs, and also for children aged 15-18, both parents owe children's support from charity law, according to their financial abilities and considering the division of residence times.
- After age 18: The obligation usually decreases to a third of the original amount, until the end of military/national service or age 21 (whichever is later).
- Determining the amount: The amount is determined according to the standard of living the children were accustomed to, their specific needs (clubs, private lessons, special medical treatments), both parents' income (their earning potential), and the division of residence times between them (in joint custody with equal residence times and similar incomes, it's possible that direct support payments won't be ordered or reduced amounts will be ordered).
- Lawyer's role: A divorce lawyer will work to ensure a fair support amount that reflects the children's needs and parents' abilities, whether through agreement or court ruling. He will assist in collecting financial data and presenting it convincingly.
Spousal support
According to Hebrew law, the husband is obligated to support his wife as long as they are married. This obligation expires with giving the get.
- Scope of obligation: The obligation is to provide the woman with her needs according to the standard of living she was accustomed to during marriage ("rises with him and doesn't fall").
- Limitations: The right to spousal support may be revoked or reduced if the woman works and is capable of supporting herself, or if her behavior justifies it according to halakha (for example, "rebellious wife" or a wife who committed adultery).
- Court: A spousal support lawsuit is usually heard in the Rabbinical Court, especially if it's attached to the divorce lawsuit.
- Lawyer's role: Whether you are claiming spousal support or being sued to pay it, a divorce lawyer will represent your interests in the appropriate court, based on personal law and relevant case law.
How to choose a recommended divorce lawyer?
Choosing the right legal representation is critical to the success of the process. Not every lawyer is a recommended divorce lawyer for you. Here are some important criteria that will help you choose:
- Experience and specific expertise: Look for a divorce lawyer whose main occupation is family law and divorce. Many years of experience in managing complex divorce cases and appearances in the Rabbinical Court and Family Court are a significant advantage.
- Recommendations and reputation: Look for recommendations from friends, acquaintances, or professionals. Check reviews and ratings on reliable internet sites like LawReviews. Good reputation usually indicates professionalism, reliability, and success. Searching for "recommended divorce lawyers" can give you a good starting point.
- Personal chemistry and communication: You are about to share personal and sensitive details with your lawyer. It's important that you feel comfortable with him, that he be attentive to your needs, available for your questions, and explains things clearly and understandably. Set an initial consultation to get a personal impression.
- Strategy and approach: Are you looking for a "combative" lawyer or one who advocates mediation and agreements? Discuss with the potential divorce lawyer his approach and the strategy he suggests for your specific case. Make sure his approach matches your goals and expectations.
- Transparency regarding fees: Understand in advance the fee structure (hourly, global, percentage, retainer) and what it includes. Request a detailed written fee agreement. A professional divorce lawyer will be transparent about the costs involved in handling the case.
- Geographical location: Although technology allows remote work, geographical proximity of the lawyer's office to the relevant court/Rabbinical Court and to your place of residence can sometimes be more convenient and efficient.
LawReviews: your tool for finding recommended divorce lawyers
We at LawReviews understand the difficulty and confusion involved in searching for appropriate legal representation during this sensitive period. This is exactly why we established the platform where we gathered for you a database of leading lawyers throughout the country.
Each profile contains detailed information about the lawyer's specializations, experience, education, and approach.
We invite you to read opinions and ratings from previous clients who went through similar processes. The reviews are checked and provide a reliable picture of service quality.
Use our advanced filtering tools to find a recommended divorce lawyer in your area, with specific specialization (for example, complex property cases, joint custody) or high rating, and contact directly with relevant divorce lawyers to schedule a consultation.
Using LawReviews allows you to make a more informed decision, based on reliable information and real recommendations, and find the divorce lawyer who will accompany you in the best way.
Common Mistakes to Avoid in Divorce Proceedings
- Trying to "do it alone": as mentioned, the complexity of the process and long-term consequences require professional representation.
- Choosing a lawyer based solely on price: a divorce lawyer who is too cheap may prove expensive in the long run if they don't properly protect your rights. Invest in quality representation.
- Hiding information or assets: bad faith can seriously harm you in court/rabbinical court and result in sanctions.
- Letting emotions dictate legal decisions: avoid vengeful actions or impulsive decisions. Consult with your divorce lawyer before every significant step.
- Signing agreements under pressure or without full understanding: carefully read every document, make sure you understand all its clauses and implications before signing.
- Involving children in the conflict: try to conduct disputes between you and your spouse separately from the children and protect them as much as possible from the conflict.
Summary: first step toward a new future
The decision to divorce opens a new, unknown, and challenging chapter in your life. The legal process in Israel presents you with obstacles and complex issues requiring professional, sensitive, and strategic handling. Correct choice of a divorce lawyer is the key to process success while maintaining maximum protection of your rights, your financial interests, and your children's welfare.
Don't hesitate to seek professional legal consultation from a recommended divorce lawyer already in the early stages. Use the LawReviews platform to find experienced and respected divorce lawyers, read reviews, and make the most informed decision for you. With the right accompaniment, you will be able to navigate this complex path and lay the foundations for a better future.