What Are Your Legal Rights During A Divorce?

When you are getting a divorce, you have certain rights. Do not let your spouse or their attorney bully you into losing assets or assuming that the divorce proceedings are completely out of your control. Regardless of the circumstances, you still have certain rights.

You Have a Right to See Your Children

While you may be living in a different home than your children when you are separated and go through the divorce process, this does not mean you should be kept from visiting with them. If your spouse is attempting to keep them from you, contact a lawyer right away. The only way this should be allowed is if there are child abuse issues. Aside from that, you have every right to continue visiting with them. Also contact a lawyer if you suspect your spouse is attempting to move away with the children.

You Have a Right to Ask for Support

Depending on your circumstances, you might be able to get spousal support. This is something to bring up to your divorce attorney. Your financial situation may warrant getting spousal support if your spouse makes considerably more than you and has been supporting you financially. Just because you are getting divorced, does not mean you should be hungry and homeless. You should also inquire about getting child support if you believe you will have custody of your children. 

You Have a Right to Your Shared Property

During a divorce, some spouses might be tempted to bully you out of property you have every right to. While you may not get everything you want in a divorce, you should be attempting to compromise with all shared property. If you and your spouse bought your family home after becoming a couple, then you both have a right to it. One person must relinquish rights to the home or you can sell the home and split the profits between the two of you. If one person wants to remain in the home, the other might have a right to equity from the home.

If you are getting a divorce, it is time to get a good attorney (such as one from the Law Offices of Lynda Latta, LLC). You should have one whether you believe it will be uncontested or not. They can help you file paperwork, get a restraining order if you need it, and discuss assets and property with your spouse's divorce lawyer. Getting a good divorce attorney can make all the difference.


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