Divorce laws and related court procedures vary somewhat from one state to another. Despite these variations, your basic rights in a divorce case largely are the same no matter where you reside in the United States, according to the American Bar Association Section of Family Law.
Civil Procedure
The code of civil procedure in your state establishes basic divorce rights, the same type of rights that exist in all lawsuits, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. The rights established through the code of civil procedure include proper notification of court proceedings and the chance to present your case during the process.
Rights Specific to Divorce
Beyond those rights established through general civil procedure laws, specific divorce rights include the ability to claim an appropriate share of marital property. The laws of your state either allow you to obtain 50 percent or, in the alternative, a fare share of assets. Other rights include those associated with the custody, visitation and financial support of your children.
Misconceptions
Certain misconceptions exist regarding divorce law and proceedings. A recurring misconception is that you possess more rights if you file the divorce case in the first place. In fact, whether you file or respond to a divorce case, your rights are the same.
Benefits
The benefits of the rights associated with divorce proceedings are three-fold. These rights guarantee you the chance to present your position in the divorce case and obtain a fair share of assets and debts, as well as the opportunity to establish and maintain a meaningful relationship with your children.
Expert Assistance
In a divorce case, you possess the right to seek legal representation. The American Bar Association maintains resources designed to help you find a lawyer. These include a guide local and state bar associations, groups that typically maintain directories of attorneys who practice family law.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
