After making the decision to end your marriage, the next step is to consider you divorce access rights. These rights are those associated with your ability to access a court and obtain an order of marriage dissolution, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Considerations
Two primary considerations associated with divorce access rights arise from residency requirements. First, your ability to access a court to obtain a divorce depends upon meeting legal state residency requirements. Second, your rights to access a court for a divorce also requires meeting legal county residency requirements. In addition, some states impose a preliminary period of physical separation from a spouse before you access divorce access rights.
Time Frame
Divorce access rights not only open the door to the courthouse to you at the start of marriage dissolution proceedings, but they permit you the ability to enforce family court orders after a marital dissolution case concludes, according to Sember. Maintaining divorce-related access rights is vital to ensure enforcement of the decisions made by the court.
Benefits
Divorce access rights provide you the ability to pursue or defend a marriage dissolution case to the full extent of the law, according to "The Divorce Organizer & Planner," also by Sember. Because of your divorce access rights, you can raise any divorce-related issue in your case, from division of assets to child custody. Similarly, you can mount the most effective defense possible in regard to these issues as well.
Misconceptions
A common misconception is that if you file a divorce case, you end up with more divorce access rights than does a person in the position of responding to a marriage dissolution proceedings. The fact is that both parties to a marriage dissolution case maintain the same rights to take full advantage of court procedures.
Expert Assistance
Divorce cases represent complex legal matters, including pursuing your basic access rights to obtain a marriage dissolution in the first instance. The American Bar Association maintains resources to assist you in finding a suitable lawyer.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
