Expert Divorce Attorney | Attorney Rozil Amir

Divorce Attorney — What You Need to Know

A divorce case is one of the most complex issues in family law in Israel. It is not merely a matter of annulling the marriage — it is a process that deals with the division of joint property, custody rights over minors, alimony, financial agreements and more. Each case is unique, and every family presents different challenges. When you are dealing with a divorce case, you need an attorney who not only understands the law, but also knows how to protect your interests with sensitivity, discretion and professionalism.

The law office of Attorney Rozil Amir is a boutique family, divorce, real estate, wills and inheritance law firm in Ramat Gan — specializing in personal representation in divorce cases. We guide clients through every stage of the process: from the initial consultation stage, through negotiation and agreement formulation, to filing a case in the Family Court if necessary.

What is a Divorce Case?

A divorce case is a formal request to a court or rabbinical court to annul the marriage. In Israel, there are two main ways to obtain a divorce: through a rabbinical court (according to Jewish law) or through a Family Court (in certain cases). In a divorce case, you are not only annulling the marriage — you are also defining the conditions thereafter: who will have custody of the children, how much alimony each party will receive, how the joint property will be divided, and how financial relationships will be managed in the future.

Why Do You Need a Divorce Attorney?

A divorce case involves three main layers of complexity:

• Legal Complexity: Family law in Israel is governed by the Marriage Law (1953), the Divorce Law (1982) and additional laws. Each party in a case needs to understand their rights, the evidence required, and court or rabbinical court procedures.
• Emotional Complexity: Divorce is a difficult emotional process. While you are dealing with a major life change, you need someone who can remain objective during emotional circumstances and manage the case with sensitivity and efficiency.
• Financial Complexity: Property division, alimony, financial agreements — all of these require strategic planning to protect your financial interests in the long term.

Your Rights in a Divorce Case

In a divorce case, each party has rights protected by law. These rights include the right to custody of minors, the right to receive or pay alimony (financial support), the right to a fair division of joint property, and additional rights depending on the circumstances. However, these rights are not automatic — you must assert them with evidence, documentation and strong legal reasoning. An experienced divorce attorney knows how to present your case in the best possible light, how to gather evidence, and how to negotiate with the other party to achieve a fair agreement.

Stages of Litigation — From Initial Consultation to Judgment

A divorce lawsuit typically goes through several stages. Each stage requires careful preparation, accurate documentation, and a strategic approach. Here is an overview of the process:

Stage 1: Initial Consultation and Legal Assessment

At this stage, you meet with the attorney to discuss the details of your case. An experienced attorney will listen to your story, ask in-depth questions about the marriage, the children (if any), the marital assets, and the circumstances that led to your decision to seek a divorce. During this consultation, the attorney will conduct an initial legal assessment, explain your rights, your options (negotiation, arbitration, or court litigation), and propose an action plan.

Stage 2: Document and Evidence Collection

To protect your rights in the lawsuit, you need documents and evidence. These include: marriage certificate, minors' birth certificates, contracts, bank statements, property ownership documents (property deed for an apartment, for example), proof of income, and documents related to alimony or expenses. Your attorney will help you organize these documents and understand which ones are relevant to your case.

Stage 3: Negotiation with the Other Party

Before filing a formal lawsuit, attempts are usually made to reach an agreement through negotiation. At this stage, your attorney will contact the other party's attorney (or directly with the other party, if unrepresented) to discuss possible terms. Negotiation can be direct or through a mediator. This is a critical stage — an agreement reached through negotiation is generally faster, less expensive, and more flexible than court litigation.

Stage 4: Filing the Lawsuit (If No Agreement is Reached)

If negotiation does not result in an agreement, your attorney will file a formal lawsuit with the family court or rabbinical court (depending on the circumstances). The lawsuit will include your claims, your evidence, and your requests (for divorce, custody, alimony, etc.).

Stage 5: Court Proceedings — Hearing and Evidence

After filing the lawsuit, the court will set a date for the first hearing. At this hearing, both parties will present their claims before the judge. In some cases, the court may direct the parties to undergo mediation in an attempt to reach an agreement. If no agreement is reached, the case will proceed to full evidentiary proceedings, in which each party will present evidence, documents, and witnesses.

Stage 6: Judgment or Final Agreement

At the end of the proceedings, the court will issue a judgment that defines all terms: divorce, custody, alimony, asset division, etc. If the parties reached an agreement along the way, the agreement will be approved by the court and become a final agreement with legal force.

Divorce Agreement vs. Court Lawsuit — What's the Difference?

One of the most important decisions in a divorce case is whether to try to reach an agreement with the other party or file a lawsuit in court. Each option has advantages and disadvantages.

Generally, we recommend starting by attempting to reach an agreement through negotiation. It's faster, cheaper, and more flexible. But if the other party is uncooperative or demands unfair terms, a court lawsuit is the right way to protect your rights.

Alimony in Divorce Cases — How Much Can You Expect?

Alimony is financial support that one party must pay to the other after divorce. In Israel, alimony is calculated according to the Payment Law (Legislative Amendments), and there are specific formulas based on income, number of children, custody, and other factors. The alimony amount can range from 0 NIS (if there is no ability to pay) to substantial sums (depending on income). An experienced attorney will calculate fair alimony according to your circumstances and conduct negotiations or litigation to achieve a fair amount.

Child Custody — What Is It and How Is It Determined?

Custody is the legal arrangement that defines which parent (or both) is responsible for the daily care of a minor. In Israel, there are three main types of custody: sole custody (one parent only), joint custody (both parents), and alternating custody (the minor alternates between parents). The court decides on the type of custody based on the best interests of the minor, the positions of the parents, and other circumstances. Visitation rights (access) arise when the minor does not live with a particular parent — this usually involves regular visits or the minor's stay with the other parent.

Prenuptial/Postnuptial Agreement and Divorce Cases — How Are They Related?

A prenuptial or postnuptial agreement is an agreement signed between spouses before or during marriage that defines how assets will be divided in the event of divorce. If a valid prenuptial or postnuptial agreement exists, it can significantly simplify the divorce case — because the parties have already agreed in advance on the division of assets. But if there is no such agreement, the court will divide the assets according to law and legal logic.

Capital Gains Tax and Purchase Tax — How Do They Affect Divorce Cases?

When dividing assets in a divorce case, taxes must be taken into account. Capital gains tax is levied on profit created when selling an asset (for example, an apartment). Purchase tax is levied on the buyer when purchasing an asset. In a divorce case, if one party receives a certain asset (such as an apartment) and the other party receives money or another asset, the tax implications must be calculated. An experienced divorce attorney knows how to account for these tax factors to ensure that the final division is truly fair.