A knowledgeable family law firm can help you navigate the Rabbinic and secular Israeli legal system. Contact Hait Family Law today for help with a pre or post nuptial agreement, divorce, or any other family law challenge.
Unlike most Western countries, Israel has separate religious and family court options. Divorce proceedings for Jews go through rabbinical courts; for Muslims, sharia courts; and for Christians, specific religious denominations.
A Divorce Lawyer’s Dual Role
A divorce is a stressful time in the life of any family, especially one with children. It’s crucial to have a knowledgeable lawyer by your side to help navigate the process, especially when it comes to the four issues that must be addressed: division of assets, child custody, support and the GET.
Jewish Law states that a woman can only give herself a divorce by writing her husband a bill of divorcement (get) and handing it to him. This is because a marriage based on kinyan-purchase, in which a man is more like the property of his wife than her equal partner, is not considered to be a valid form of love or mutual consent.
A knowledgeable attorney can help you determine the best course of action for your situation, and if necessary, will represent you in both the secular Family court and Rabbinical courts as needed. Boaz Gork has the knowledge and experience to guide you through these complex proceedings.
Divorce Lawyers in Haifa Understand the Unique Legal Landscape
As a result of their dual role, divorce lawyers in Haifa have to be well-versed in Jewish law. This includes knowledge of the GET and the various halakhic issues that often arise in these cases.
For instance, rabbinic courts rarely impose divorces on husbands on the grounds of domestic violence. But, if the wife is in danger of life and limb (as opposed to simply losing her home), then the court will compel a husband to give his wife a get.
Another example is how rabbinic courts handle a woman’s infidelity with her lover. Many rabbis display incredible tolerance and compassion for husbands who have extramarital relationships, refusing to compel them to give their wives a get. One case that drew much attention was when a judge ordered the man to pay his wife for money she spent on her lover. Judith Romney’s paper on this issue discusses how this ruling may set a dangerous precedent.
Divorce Lawyers in Haifa Understand the Value of Mediation
When it comes to divorce, couples often face a number of issues that need to be resolved including custody and parenting time, child support, the division of property and debt, and alimony (spousal support). While some couples choose to litigate their cases in court, others find mediation a more cost-effective and less combative way to resolve these matters.
Regardless of which path a couple takes, their divorce lawyer will act as a trusted guide, helping them to navigate the legal tapestry that is Israel’s family law system. This requires not only legal acumen but also a high level of cultural sensitivity.
Unlike a litigated divorce, where a judge will decide the outcome of your case, mediation gives you and your spouse more control over the outcome of your divorce. This is because the mediator will be able to work with you and your spouse on all of the major issues that need to be settled.
Divorce Lawyers in Haifa Understand the Value of Collaboration
Aside from being more cost-effective than litigation, collaborative divorce can also promote a healthier post-divorce relationship for both parties. It’s a non-adversarial process that allows couples to settle differences with a focus on what’s best for their children and family.
Collaborative divorce can also help reduce the amount of time the case takes to complete. In traditional divorce cases, the judge needs to hold multiple hearings, and each party’s lawyer charges for scheduling, preparing and attending these hearings.
Additionally, the use of expert witnesses can add to the overall cost of a divorce case. When experts are involved in a litigated divorce, they often come into conflict with each other, forcing the judge to choose one of their opinions over the other. In collaborative divorce, spouses work with a single financial professional to share and analyze their financial information for both themselves and the judge. This can save a lot of money in the long run.עורך דין גירושין בחיפה