question
I am in the process of divorcing him and I filed a divorce petition with the Rabbinical Court, where I also included the issue of property. The situation at home has worsened, and I want to leave the house even before the first hearing, which is scheduled for two months. Can I take out the joint movables?
answer
As a general rule, since these are joint movables, the consent of both spouses is required for their division, since they constitute part of the joint property. There is no obstacle at this stage to taking out only your own movables, which you acquired before the marriage. It is recommended that you reach an agreement with your husband regarding the movables you will take out, at least at this stage, in order to prevent a situation in which he will file an order against you to return the items.
question
I made a divorce agreement with my husband, which was approved by the court, in which he committed to a certain amount of child support for our 2 minor children, and visitation arrangements were also set. In the first year, he complied with the agreement, but recently he has been reducing the child support, changing the transfer date at his own discretion, and canceling many meetings, claiming that he had appointments coming up. What can I do to ensure that he complies with the agreement?
answer
First, you did not specify in your question whether the agreement contains a specific mechanism in the event of disputes, such as contacting a mediator. Assuming that there is no such mechanism, and to the extent that your contacts with him have failed, you can open an enforcement case in the alimony track in order to collect the alimony that was not paid to you (that is, that was paid in short supply). You must have the judgment, the agreement, and an accurate calculation of what you are entitled to. Regarding the cancellation of meetings - you can file a lawsuit with the court that approved the agreement for contempt of court - in light of the failure to comply with the agreement, or file a lawsuit to impose fines for canceling hearings, in which you will essentially ask the court to determine a mechanism for a fine to be paid to you whenever a meeting is canceled.
question
My husband and I decided to file a joint petition for divorce with the Rabbinical Court, after we came to the conclusion that the best thing for us was to separate. We have not yet dealt with the issues of property, alimony, and custody. The court set a date for us, but a day before, my husband announced that he did not want to divorce, but wanted to give the marriage another chance. Is it possible to get him to come to the hearing and give me a get?
answer
Since a divorce order has not yet been issued, but only a request has been submitted, your husband is entitled to withdraw from the agreement he reached with you.
If you want a divorce, you will have to file a divorce petition and include a reason(s) for divorce, in order to convince the court that you should get a divorce.
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Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
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