Divorce Rights

If you are in the process of getting a divorce, it is important to understand your divorce rights. Divorce rights vary from state to state and address your right to divorce as well as your child custody and property distribution rights. Because divorce rights keep changing and evolving, it is important to hire a family law attorney who is familiar with the divorce laws and rights in your state.

At one time, common law was used as the basis for divorce rights. During this time, women were regarded as their husband’s property and had few, if any, divorce rights. Common law made it very difficult for a couple to end their marriage. Typically, a divorce was only allowed if there was abuse, cruelty, infidelity, or abandonment. Penalties were also ordered for one spouse as the result of the divorce.

Today, most states allow a person to obtain a no-fault divorce. This means that you can get divorced without giving a specific reason. When you file the petition for divorce, you can list “irreconcilable differences” or “incompatibility” as the reason for the request. Some states still have fault divorces, which means a divorce may be granted in the case of cruelty, infidelity, drug abuse, and abandonment.

Your state’s divorce rights cover child custody and child support. You and your spouse may be required to fill out a parenting plan that addresses who retains custody of the children and the visitation schedule. This is typically decided during a mediation session; however, a judge may make this decision as well.

Divorce rights also cover the distribution of property.  The distribution of property may be decided by both parties during mediation, or may go before the court. In states that have community property laws, both assets and debts are divided 50/50 by the couple. In states that have equitable distribution laws, the court looks at several factors to decide how the property should be divided.

Divorce law can be complicated, especially if children are involved. To ensure that your divorce rights are being upheld, it may be necessary to contact an experienced and skilled family law attorney. Your attorney will work with you to obtain a fair divorce agreement.