Divorce or mediation - that's the question

The corona crisis has led many couples to contemplate divorce, but such a move is not always committed to reality.

With the best interests of the child in mind, the lawyers representing both parties must first consider alternative ways.

The good of the children above all (Photo: ShutterStock)

Parents arguing behind their daughter's back (Photo: ShutterStock)

The corona crisis and the closure imposed by the government, along with the fact that many lost their jobs or went into exile, summoned positive effects, such as finding new meaning to the concept of time, strengthening family closeness and plenty of leisure to spend time with children and spouses.

Unfortunately, this period also has quite a few negative aspects: economic difficulties, boredom and excess free time, which navigates existential thoughts.

Many families have also experienced feelings of pressure cooker and in many couples these have led to a rethinking of living together and contemplating divorce.

In most of these cases these are couples who experienced difficulties in the relationship even before the "corona era", but as often happens in times of crisis, the corona days intensified the problems and led to the thought that divorce was the solution.

Presumably these couples find it difficult to look beyond what they have experienced in the pressure cooker and fail to isolate the really problematic issues from the set of difficulties that flooded the family unit.

The reason for the escalation of the campaign

A recent ruling by the Family Court has dealt with the broad implications of the divorce issue.

The court argued that quite a few lawyers escalate divorce disputes out of narrow interests - theirs and those of their clients - and that this phenomenon should be eradicated.

It is important to understand that while the fire is burning and the passion is burning, lawyers representing their clients are first and foremost harming the children in the middle.

Beyond that, the couple is also harmed - in their health and in their pockets.

In fact, there is really no need to conduct ongoing struggles.

If each one tries to see the other's position and perhaps even agrees to go towards it, there is no reason to construct offensive statements laden with offensive words, designed to illustrate the pain and suffering that were the lot of the parties.

The court further noted that the time has come for divorce lawyers to find the balance between their commitment to their clients and the moral duty to protect the interests of children, and to stop raising demands and petitions that exacerbate the conflict.

(Photo: ShutterStock)

Spouses in divorce proceedings with a mediator (Photo: ShutterStock)

Think about the well-being of the children

The author of these lines believes with all her heart that in disputes between spouses, the role of lawyers is to try to bridge and reconcile, and to examine how the problems can be solved instead of igniting the fire.

In such conduct, it is possible that the same couples will even be able to continue living together, without dismantling the family unit and without harming the children.

If a couple decides that no suitable solutions have been found and their desire to divorce is upheld, then the lawyers are responsible for managing the divorce cases with responsibility towards the parties and especially - from the best interests of the children.

In such cases, the divorce process will not be conducted as a result of a hasty and reckless decision, but out of deep thought for the children and the family unit that is being dismantled, and through a correct and just divorce agreement.

For professional lawyers, the ultimate goal in managing a divorce case is, as mentioned, the best interests of the minors involved in the process.

On a personal note I would add that if this was the attitude of the lawyers who handled my divorce proceedings, it is possible that the children would not have been harmed as happened in reality and the price we would have paid would not have been so heavy.

Adv. Ronit Habibi is a partner in the Habibi-Kovach law firm. The firm specializes in labor law, family law, mediation and arbitration.

Phone: 053-9348136

Article courtesy of Zap Legal

The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk.