Getting What Is Rightfully Yours

Know Your Rights When Going Through A Divorce

16 October 2019

Estelle Mathieu

If you have decided to divorce a difficult spouse, it's important to know your rights from the start. Your spouse may try to harass you into an agreement that isn't fair to you or try to take over property that you are both entitled to. When you work with a divorce attorney, you will have representation to help you understand what is rightfully yours and what is worth negotiating around. Even when you start your divorce without an attorney, it's important to consult an attorney before you sign any paperwork. From child visitation agreements to separation of property, know what you can expect in a fair agreement.

Equitable Distribution vs. Community Property States

When you are dividing up your property, you will either follow the equitable distribution rules or community property ones, depending on your state. When your state is one of equitable distribution, your assets and debts from the marriage are divided up in a way that is fair. While this can mean everything is divided in half, this is not a guarantee. If one spouse makes significantly more income, the other might get more in assets. In a community property state, all debts and assets are divided in half regardless of income or other assets.

Child Custody and Visitation 

If you share children with your spouse, it's important to establish a routine with the children as soon as possible. if both parents are capable and have been an integral part of the lives of the children, a custody arrangement and visitation that allows for equal time with each parent is generally warranted. In the event one parent is not capable of caring for the children, a less equal arrangement will be worked out. If you are concerned about your ex parenting the children, say so before you sign an agreement that gives them shared custody and liberal visitation.

Know When to Stand Your Ground

There are times when you might want to sign anything just to get your divorce over. While this can be an option, it's important to stand your ground when you are not being treated fairly. Your attorney will tell you what you can expect if your case is decided by a judge. If you will get more from a judge than in your agreement, it's worth waiting it out.

Your divorce can get ugly. Work with a divorce attorney who can communicate on your behalf and negotiate with your ex as necessary.

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