Do You Know What Your Divorce Rights Are?

by Jon Arnold

It's important that you are aware of your divorce rights if you are going through a divorce or you are planning to get a divorce. Going through a divorce can be difficult and unsettling, but it's so important that you know your duties and rights so you can make sure you get the benefits you deserve.

Be aware that each person has rights. First of all, it is important that you realize that each person in the relationship has divorce rights. You have rights and your spouse has rights as well. Once you realize this, the whole process will be a bit easier for you. So, remember that you each have rights and take the time to learn what these rights really are. This is not going to be a one way street for either of you.

Your rights may vary. Of course while both of you do have divorce rights, it is important to realize that these rights may vary. Depending on the state that you live in, the divorce rights that you have can vary. So, it is important that you find out what kinds of rights are available to you in the state that you live in. But you need to file for divorce in the state in which you reside, you may not file in a different state just because they may have laws which are more beneficial for you.

Although the divorce rights do vary in various states, you'll still find that there are some common rights that are found in almost every state. Here are a few of your common rights to be aware of.

* Property Distribution - One right that you have is property distribution. However, the laws on the distribution of property are going to vary from state to state. There are two different ways that the property may be distributed: property community law or equitable distribution law.

* Distribution of Debts - The distribution of debts is a right that you have that you need to be aware of. The debts that you both have are going to be divided up among both of you. Some states (but not all) may differentiate between debts that were incurred when you were married and the debts incurred by one or the other individually.

* Child Custody - Probably one of the most important divorce rights to keep in mind is child custody. This is a right that you have. There can be joint custody or sole custody. However, even if your spouse was to get sole custody, unless you have a criminal record or you are dangerous, you still have the right to see your kids, where the time period you are allowed to spend time with them is determined by the divorce court judge as part of the divorce proceedings.

* Alimony - Alimony is a right to be aware of as well. Depending on the education, income, and lifestyle, alimony is the right that the person being divorced has in this type of a situation. Again, laws vary from state to state, but alimony is not automatic, and be sure to discuss this with your divorce lawyer if you think you deserve it or actually require it to live.

* Child Support - If one spouse gets custody of the children, then they have the right to financial assistance. This is the right that the custodial parent has. Typically the child must be under 18 and a full time student, but again, the law varies from state to state.

These are just a few of the divorce rights that you have as you are going through a divorce. Of course if you want to know all of your rights, you should be sure to contact a good attorney to guide you in the rights and options that you have as you go through a divorce.

About the Author
For more insights and additional information about determining your Divorce Rights as well as information to help you determine if you should stay or go, please visit our web site at http://www.my-divorce-guide.com