As a woman facing a divorce, you certainly find yourself with various questions and concerns. You possess a set of rights when you file for divorce. The reality is that despite some variations in marriage dissolution laws and procedures from one state to another, your essential divorce rights are the same no matter where you happen to reside, according to "Nolo's Essential Guide to Divorce" by Emily Doskow.
Gender Equality
Across the board, no matter the specific issue in a divorce case, the concept of gender equality is applied, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. A woman maintains the same right as a man in divorce proceedings. The gender of the parties is irrelevant in and of itself when it comes to decisions by the court in a marriage dissolution proceeding.
Types
A woman's rights in divorce cases include obtaining an appropriate share of assets and debts accumulated during the marriage. States use one of two different types of standards to divvy up property and debts in divorce proceedings, according to Cornell University Law School. In a community property state, a woman's rights entitled her to 50 percent of all assets. In an equitable division state, a woman is entitled to a fair share of the property from the marriage. The facts and circumstances of the case determine what is a fair share.
Considerations
Other considerations regarding a woman's rights in divorce proceedings center on children. A woman possesses the right to seek custody of her children. If not awarded custody, she has the right to visitation of parenting time with the children. Her rights in regard to minor children are contingent upon establishing a custodial arrangement that is in the best interests of the children, according to Cornell University Law School.
Divorce Trial
A woman involved in a marriage dissolution case is vested with the right to a trial. She cannot be coerced to enter into a settlement agreement adverse to her interests. Under the laws of all states, a woman can request and obtain a divorce trial, a proceeding that allows her the ability to present evidence supporting her position regarding all divorce-related issues.
Legal Assistance
Another right of a woman in a marriage dissolution proceeding involves representation by an attorney. Divorce law is complicated. Therefore a woman's interests--and other rights--typically are best protected through professional legal representation. The American Bar Association maintains resources for women seeking lawyers to represent them in divorce cases.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
