Going through a divorce or separation is a tough moment for everyone involved, regardless of the cause. Although many people don’t like talking about it, the impact of this event on one’s behavior is very significant. Your life significantly changes. It can make it hard for you to work normally or even socialize with friends. Divorce can be even worse, however, if you don’t understand your rights during or after this occurrence.
It’s worth noting that your rights during a divorce are dependent on various things. For instance, if you were legally married, your case might be quite different from someone with a common-law marriage (Find Law). Another factor that may come into play is whether you have children. As such, it’s always important to hire a lawyer for these situations, as things can get complicated along the way.
Perhaps one of the most significant factors in divorce cases is the issue of economic support. You may have a right to spousal support paid to you by your former spouse if you were legally married. As for those in a common-law relationship, this will only apply if you had children or a relationship lasted for at least three years.
Sometimes, the support can be accessed before the divorce process is finalized. It’s often known as alimony pending lawsuit or alimony pendente lite and is paid if there’s a severe imbalance in the earnings of the two spouses. If one shows that they’re in extreme need of financial backup, then they may be eligible for alimony pendente lite. However, some jurisdictions will require something much greater to receive spousal support. You may have to prove a disability, which hinders you from supporting yourself adequately.
Starting life as a single parent can be quite tough, especially if you’re emerging straight from a marriage. For the one living with the children, the law dictates that you should receive child support. The amount you’re entitled to may vary depending on your situation.
In the case of a neglectful spouse or parent, it should be noted that nearly every country has an organization responsible for tracking or enforcing the spousal orders signed by the court. This can help you with any faulty payments that could occur.
Another part of your rights that needs to be discussed regarding divorce cases is property sharing. Of course, it can be somewhat complicated, given the calculations involved in the process. For this reason, there’s a need for a divorce attorney to help you understand the rules and exceptions. These professionals are also well-versed in the process of splitting or reacquiring your property after a divorce has been finalized by the court.
As stated earlier, your rights will largely depend on how you were married and for how long. For a common-law relationship, you might not be lucky enough to enjoy the property-sharing rule. Instead, each spouse gets to keep whatever assets they had in their name. It’s worth noting, however, that there are exceptions to this law, and that’s where your legal adviser comes in handy. Also, keep in mind that if there was a written separation agreement signed by both of you, then the whole process could become a little complicated.
Do Children Have A Say?
The discussion in this article has been about what the two partners deserve or are entitled to after a divorce. However, people rarely talk about the rights of children. Yet they are also victims, with some coming out in a worse predicament.
So, what rights does a child have during the process of divorce or separation?
The first thing to consider is age. Children above 12 years, they have a right to be heard by the court. Basically, the judge will ask their opinion on what led to the breakup, and how the child is handling this development. Of course, some matters won’t be asked since they may be beyond the child’s understanding.
As a child older than 12, you also have the right to give your opinion on parental responsibility. Remember that this information will be used by the judge when making the final decision. For children under 12, the laws and rights are very different.
You understand your rights after a divorce is quite crucial, especially if you’re looking to claim support from your former spouse. However, you might be denied some privileges, depending on how you got married and how long you stayed married. Usually, most people who go for common-law relationships are denied things like equal property sharing.
Therefore, it’s a good idea to hire a divorce attorney before analyzing the whole situation. Remember that these professionals are experienced in such matters and will help you understand all the applicable laws that might be used for your case. Remember that your child, depending on the age, also has a right to give their opinion at the court proceedings. A good lawyer will help you through all these processes.