All states maintain divorce statutes that adopt the concept of gender equality, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. What this means is that a woman faces neither benefits nor disadvantages because of her gender. Her rights exist at the same level as those afforded to a man in a divorce case.
Types
Distinct categories exist for divorce rights for a woman. These include rights associated with marital property and financial matters, rights involving children born during the marriage and miscellaneous rights, including restoration of a prior surname at the conclusion of divorce proceedings.
Misconceptions
Although states established laws regarding gender neutrality in divorce proceedings beginning in the 1980s, some misconceptions persist, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. For example, some individuals believe that a woman's rights to custody of a child take precedence over those of a man. Conversely, other individuals operate under the misconception that a woman who elects to work outside of the home is penalized for that decision in regard to child custody issues.
Benefits
The underlying benefits of divorce rights for a woman include ensuring that she can claim a fair share of assets accumulated during the marriage. In addition, these rights permit her to make a claim for custody of or visitation with her children, depending on her circumstances and objectives.
Procedure
Tools exist to allow a woman the ability to exert her divorce rights. A motion is the primary legal item used by a woman to seek her rights in divorce proceedings. A motion is a legal document that formally brings a particular matter before the court for consideration. For example, a woman seeking custody of her children prepares and files a motion for custody with the court. The typical court clerk's office maintains a selection of forms, including motions, for people without legal representation.
Expert Assistance
Divorce statutes and associate courtroom procedures represent complicated legal matters. Facing a divorce proceeding, a woman is in a stronger position to protect her rights and interests by hiring a lawyer. The American Bar Association maintains resources designed to help people find the right lawyer for a divorce case. These include contact information for local and state bar organizations, groups that provide directories of divorce lawyers.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
