As you prepare to file for divorce, or if your spouse filed a case against you, understanding your basic rights is a necessary initial step in the marriage dissolution process. Despite variations in divorce law and procedures from one state to another, your basic rights are similar no matter where you reside in the United States, according to the American Bar Association Section of Family Law.
Types
Your rights in divorce include procedural ones, including the right to notice and the opportunity to be heard, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. You are entitled to specific information about allegations made by your spouse, notification of all court hearings and the opportunity to present your own allegations and to appear at all court proceedings.
You also possess personal rights in a divorce case, including the right to an appropriate share or marital property and to seek custody or visitation with your children.
Significance
The significance of the primary rights in divorce is to ensure that you can protect and advance your own interests during marriage dissolution proceedings. In layperson's terms, divorce rights are designed to level the playing field to ensure that both you and your spouse obtain an equal position in front of the court in regard to resolving issues surrounding the termination of your marriage.
Misconceptions
A common misconception associated with divorce is that the person who makes an initial filing possesses more significant rights. No matter whether you file for divorce or face a divorce filed against you, the nature and extent of your rights remain the same. In some cases, the person filing for divorce obtains a strategic advantage, but even that gives way as the proceedings get under way.
Time Frame
Your divorce rights attach the moment a case commences, whether you or your spouse files the petition or complaint. These rights continue through the proceedings themselves. Moreover, your divorce-related rights remain in place into the future, allowing you the ability to enforce orders of the court or seek changes as permitted by law. For example, you maintain the right to enforce a custody order or seek a modification of that decree from the court.
Warning
To ensure that your rights remain protected and your interests advanced, consider exercising another right you possess: retaining legal counsel. The American Bar Association maintains resources to connect you with local and state bar organizations. These groups maintain directories of lawyers in different practice areas, including specialists in the divorce and family law arena.
References
- Cornell University Law School: Divorce Overview
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
