A major part of the process of preparing to file for or respond to a divorce petition or complaint is understanding your basic rights, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. No matter where you live in the United States, the family law statutes in your state establish essentially the same divorce rights.
Types
Your divorce rights fall into four categories. Your general rights include notice of divorce proceedings and hearings, the chance to participate directly in the process and the ability to retain a lawyer. The second category is your right to an appropriate share of marital assets and debts. The third category focuses on the rights surrounding your children. Finally, miscellaneous rights exist, like being able to restore a former surname through your divorce case.
Time Frame
Your rights in divorce exist the moment a divorce case commences, according to the American Bar Association Section of Family Law. These rights remain throughout the divorce proceedings and following the issuance of a divorce decree. After a divorce, your rights remain in place, allowing you to enforce the divorce decree.
Misconceptions
Of the misconceptions associated with divorce rights, a persistent one is that men and women possess different rights in marriage dissolution and related proceedings. For example, a misconception is that a mother's rights to custody take precedence over those of a father. In fact, gender alone does not impact the rights of parties in divorce proceedings.
Warning
Some rights on divorce are time sensitive, according to FindLaw. For example, if you desire to generally to counter contentions made by the petitioner in a divorce case, you must file an answer within the time permitted by the laws of your state. If you fail to do so, a default judgment theoretically can be entered against you.
Expert Assistance
Retaining an attorney, one of your divorce rights, assists you in advancing your other interests. The American Bar Association maintains resources designed to assist you in finding the right lawyer for your case. These include contact information for state and local bar organizations, groups that usually provide directories of attorneys in your area that practice family law.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
