As a woman facing a divorce case, you need to understand the basic laws and procedures associated with marriage dissolution. As part of this process, recognizing whether differences exist in divorce proceedings for a woman is an important consideration. Despite some variations in divorce laws from one jurisdiction to the next, marriage dissolution laws in the United States generally are based on the same principles and standards, according to the American Bar Association Section of Family Law.
Gender Equality
A major component of divorce laws for women is the concept of gender quality, according to "Divorce 101: A Woman's Guide to Divorce" by Tracy Scorzafava. Gender quality means that a woman neither gains an advantage nor faces a disadvantage in any aspect of divorce proceedings because of her sex. Historically, the laws in most states recognized something known as the tender years doctrine, a standard that favored placing children in the custody of a woman in a divorce case. This and other gender-based preferences were eliminated from divorce laws in all U.S. jurisdictions.
Spousal Maintenance Or Alimony
Although there are instances in which a woman in a divorce case qualifies for spousal maintenance or alimony, there are also cases where a woman ends up paying to her former husband spousal maintenance or alimony. The application of alimony laws affect men and women equally. The ultimate result is a woman who is the major breadwinner in a marriage can end up facing a claim for alimony from her husband.
Property Division
State laws adopt one of two different schemes for dividing assets in a divorce proceeding. These statutes apply to men and women equally and regardless of their gender. In a community property state--including California--a woman is entitled to 50 percent of the assets accumulated by the couple during the course of the marriage. In a state utilizing the equitable division of property standard--including Colorado--a woman is entitled to receive a fair share of the assets of the marriage. Fair does not equate with equal, as a matter of law. In determining what property a woman receives, the judge looks at the specific facts and circumstances of the case.
Child-Related Matters
Men and women legally can make a claim for custody of children. The preference that used to benefit women seeking custody is eliminated from all U.S. custody laws, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. To obtain custody of a child, divorce laws require that a woman demonstrate that the best interests of the minor are served through placement of the child with her.
Legal Representation
Divorce laws across the United States protect a woman's right to obtain legal representation in divorce cases. Understanding the complexity of divorce law and procedure, anyone facing a marriage dissolution case normally is best served by engaging the services of a qualified and experienced attorney.
References
- "Divorce 101: A Woman's Guide to Divorce"; Tracy Scorzafava; 2004
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
