Divorce & Mediation

The decision to end a marriage is one of the most significant decisions that a man or a woman (alone or jointly) will make in their lives. Every man and woman has their own life story, the circumstances that shaped the conflict, and their goals and objectives.

Divorce is the formal end of a marriage for a couple. There is more than one way to get a divorce. This is either through an agreement procedure such as mediation, drafting a joint agreement, or legal procedures in various courts.

Besides deciding to end the relationship, property matters, minors, and the overall balance of resources must also be addressed.

The Financial Relations Law states that at the end of the marriage, each spouse (if no financial agreement was signed) is entitled to half of the joint property accumulated during the marriage. This distribution is called equal distribution. However, the law allows one of the spouses to claim unequal division for various reasons.

Mediation, or in general terms "divorce by consent," is a procedure suitable for spouses who do not wish to quarrel and win in legal proceedings but to end the matrimonial system and settle all the matters involved by agreement.

Using this procedure, the rights and obligations that apply to each of the parties (based on the circumstances) are explained to each one, and the gaps, together with the accompanying lawyer, are filled, thus saving much time, heartache, and money.

According to Attorney Benardete: "Mediation is the possibility for the couple to write their own judgment while maintaining mutual respect, which will allow them at the end of the procedure to continue raising the joint children without unnecessary burdens."

Which court should one choose to conduct the legal process?

The family court and the regional rabbinical courts have parallel authority. That is, the same procedure can be conducted in both courts, except for several issues whose authority rests exclusively with the Rabbinical Court, by virtue of the Halacha, among them:

• The divorce arrangement procedure
• A writ petition
• A Domestic Peace petition
• An order for a specific section

It is also possible to split the lawsuits and manage some in the Rabbinical Court and some in the Family Court. Naturally, there are differences between the rulings of various courts. Therefore, the choice of court to handle the case is critical.

Attorney Benardete paves the right path for each client through the maze of courts, agreements, and emotional challenges. This ensures that each client receives the most optimal result for them.

Attorney Benardete manages and is personally responsible for every case that comes to the office, ensuring every client receives the most comprehensive and professional treatment.

Office services:

• Representation in divorce proceedings at the Rabbinical Court and the Family Court
• Representation in the appellate courts: the District Court and the Great Rabbinical Court in Jerusalem
• Assisting in the dispute settlement procedure
• Spouse's alimony claim
• Claims for child support - change/reduction
• Claim to determine stay times / parental responsibility
• Economic property claims of all types (balance of resources, unequal distribution, etc.)
• Paternity claim