What Are My Divorce Rights?

Understanding your divorce rights and where you stand in the eyes of law can help you get what is due to you. And getting a fair divorce deal is crucial in your life and your children’s life after divorce.

Divorce rights vary from state to state and country to country however. Take time to research the divorce laws in your particular state or country. Because the worst mistake you can do is being an uninformed participant in your own divorce. The law is fair and reasonable and it can be your friend. It provides rights that will protect you and your children’s interest.

Consult with your attorney to know your legal position. He/she can advise you of your options and divorce rights. Making sure they are respected is the ultimate goal of a divorce attorney.

The Main Divorce Rights To Take Into Consideration

1. Divorce Rights – Child Custody/Support and Visitation: Child custody, child support, and visitation are the most important and most contested aspects of the divorce process. Child custody can be sole custody or joint custody. But take note that your spouse still has the right to see your children even if you get sole custody, unless he or she is proven to be dangerous or has a criminal record.

   A parenting plan regarding legal and physical custody can be negotiated and agreed upon by both parents. However, child custody becomes a big issue if there is disagreement about who should have custody and what visitation rights the non-custodial parent will have. If a negotiation won’t work, divorce rights and custody will be decided by the court.

   Child custody is generally given to the mother of minor children. However, this may not always be the case. Instances wherein the mother is known to have neglected the child or is of an immoral character have resulted in the father getting custody of the child. The court places high regard for the children’s welfare when deciding on custody.

   Of course, the one who gets custody of the children has the right to financial assistance. Typically, a child support is granted for those under 18, but this depends on the provisions of the law in your state.

2. Divorce Rights – Spousal Support/Alimony: Courts can award monetary support or alimony to either spouse. Spousal support is granted if the spouse was dependent on his/her spouse and will be unable to adequately support himself or herself after the divorce.

   When granting maintenance or alimony, the court takes into account the financial status of the spouse at the time of marriage as well as current income, assets and dependents.

3. Divorce Rights – Property and Debt Distribution: Determining if the property is marital or non-marital property is critical in the court’s decision to divide property. It’s good if both of you can reach an agreement. However, if an agreement cannot be reached, the specific divorce rights in your state will be utilized to decide on this matter.

   In some states, all assets and debts accumulated during a marriage is divided 50/50. Other states have “equitable distribution” laws that decide in the distribution of property and debt based on certain factors.

   In most cases, the court would give priority to whoever is caring for the children and will try to address the reasonable needs of each party. This is why one party would receive a lot more than the other.

These issues can all be negotiated if both of you respect each other’s rights. However, in most cases, divorce is seldom amicable. So it’s important to prepare yourself for this battle.