Electing to end your marriage is one of life's most significant decisions. Consequently, you must understand your basic rights in a divorce. In addition, you must be certain that you are not laboring under any misconceptions about those rights. Although all states maintain their own divorce laws and procedures, a woman's rights in a divorce case largely are the same no matter where you reside, according to "The Divorce Organizer & Planner" by Brette McWhorter Sember.
Types
Associated with every issue raised in your divorce case is a companion right, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. For example, child custody may arise as a major issue in your case. You possess the right to seek custody of your child and, if not awarded custody, to obtain appropriate visitation or parenting time with that child.
Gender Equality
Some individuals operate under the misconception that men and women possess difference rights in a divorce based on gender. Historically, gender made a difference in regard to certain rights--child custody, for example. All states abolished these types of gender preferences beginning in the latter part of the 20th century. From that point in time forward, no states include gender-based preferences in their divorce codes.
Enforcement
An important segment of a woman's rights in a divorce is enforcement, according to Emily Doskow. For example, if a woman is granted possession of the marital residence during divorce proceedings, and the other party refuses to abandon the property, she exercises her right to judicial enforcement. By filing a motion with the court, the judge issues an enforcement order requiring the other party to vacate the premises.
Time Frame
A woman's divorce rights come into being the moment a marriage dissolution proceeding commences, whether she or her husband filed the case. These rights continue throughout the course of the divorce and carry forward into the future. For example, if she wins primary custody in a divorce case, her rights associated with this arrangement remain in place until further order of the court.
Expert Assistance
Due to the complexity of divorce laws and procedures, in the interest of fully protecting your rights, consider hiring a lawyer. The American Bar Association maintains resources designed to assist you in finding an experienced attorney. These resources include contact information for local and state bar associations, groups that provide directories of family law attorneys.
References
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
