Understanding Your Rights During Divorce

If you’re involved in a divorce, you must know your rights. Some critical areas of consideration include visitation rights, spousal support, and the possibility of filing for a collaborative divorce. You’ll need to know about these areas to get the most out of your divorce.

Legally separated spouses

If you have decided to separate from your spouse, you should know the differences between legal separation and divorce. You should also be aware of the benefits of legal separation.

While there are several ways to separate from your spouse legally, they are treated as seriously as a divorce. A legal separation can protect your interests and religious beliefs. It can also protect your financial and property rights.

In some states, you can continue filing taxes and accessing Social Security benefits. Similarly, you can keep insurance benefits. However, you can’t remarry while you are legally separated.

If you choose to get a legal separation, you and your spouse must live apart for some time. These periods can vary in length depending on state laws.

The decision to separate is usually made due to problems with the relationship. Some couples choose to separate for personal or religious reasons, while others choose it because they don’t want to end their marriage.

Spousal support

Spousal support is an order to provide a certain amount of income to your former spouse. Understanding the consequences of withholding or not paying this money is important.

The best way to get support during a divorce is to have both parties agree on the terms. This can be done by filing a motion to modify with the court, so consult a divorce lawyer. When the court issues an order, the new terms become effective.

If your ex fails to pay spousal support, you may be able to hold them in contempt of court. Contempt in court is a serious crime and can result in jail time. However, there are ways to avoid this.

One way to ensure you receive your support is to record all your transactions. Even if you use cash, there is no proof of how you spent the money.

Another way to ensure that you get your spousal support is to make sure that you pay on time. Many people worry about making payments if their income stays the same. Rather than worry, it would be best if you continued to spend as much as you could each month.

Visitation rights

Visitation rights during divorce are essential to parents. In addition to the obvious benefit of seeing your child, it also provides an opportunity to repair a broken relationship.

When a couple of divorces, both parents have the same claim to custody of their children. A court may award a couple joint or sole custody. However, the parent with sole physical custody is not entitled to visitation rights.

Generally, the noncustodial parent can file a petition in Family Court for violating visitation rights. The noncustodial parent can choose to have an attorney represent them.

The court can order supervised visitation. This type of arrangement is intended to provide safety and security. During supervised visits, an adult is appointed to monitor the parent’s interaction with their child. Typically, this person is a counselor or therapist.

While there are some exceptions, a noncustodial parent cannot be denied access to their children. If the judge determines that the noncustodial parent has been abusive or neglectful, they will not be granted any visitation.

Collaborative divorce

Collaborative divorce is a process for dissolving a marriage without going to court. This model can help save money and stress for both spouses. It also allows couples to communicate about issues such as finances and children. During the process, each party can have an attorney.

Collaborative attorneys work to keep the focus on a settlement. They provide legal advice on different options for the couple and advocate on their behalf. As the couple works through their divorce, they will meet with their attorney to discuss each issue and develop an action plan.

The collaborative team typically consists of two lawyers and a neutral financial specialist. Depending on the case, additional experts may be brought in. These experts help the judge understand the financial situation of the couple.

A divorce mediator will draft a settlement agreement for the couples. A child specialist is sometimes included as well.

Divorce is a stressful and expensive process. In some cases, a contested divorce can take months to complete, and there are often delays due to the court docket. Many courts are overflowing, so couples may have to wait several months for a trial.

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