Divorce Law - Your Rights In A Divorce

YOUR RIGHTS IN A DIVORCE:

  • FACT #1: You have the right to an "equitable" division of community assets and debts...

  • FACT #2: You have a right to joint custody of, or reasonable visitation with, your child(ren).

  • FACT #3: You have the right to a Temporary Protective Order (TPO) from the Court if you are in fear for the life or safety of you or your child(ren). A TPO will prohibit your spouse from coming within a specific distance of locations like your home, work and/or child(ren)'s school(s).

  • FACT #4: You have the right to remain in the marital residence, unless your spouse first obtains an order from the Court based on a showing of good cause.

  • FACT #5: If you have your child(ren) more than 50% of the time, you may be entitled to receive child support, particularly if your spouse earns more than you. You may also be entitled to an award of spousal support/alimony.

HOW YOU CAN HELP YOUR LAWYER GET YOU THE MARITAL SETTLEMENT YOU DESERVE:

  • TIP # 1: Keep a detailed log of events, and keep receipts of all expenditures made on behalf of your spouse and/or child(ren). Make sure that any payments made, which benefit your spouse, are done by check or money order. If you must make a cash payment, make sure that the payee signs a receipt.

  • TIP #2: Gather your financial records, including tax returns, notes, deeds, title certificates, and other legal papers, and bring them to your attorney. Family medical and psychological treatment records may also become important.

  • TIP #3: Do not allow yourself to become involved in domestic disputes. Do not push, hit or threaten your spouse. If you believe that you may not be able to control your temper, take a time-out and/or stay away from your spouse. If the police are called on a domestic dispute, it is likely that at least one of you will be arrested and taken to jail.

  • TIP #4: Do not involve your children in domestic disputes or any portion of your dissolution. Do not disparage your spouse in your children's presence.

  • TIP #5: Follow your attorney's advice.