Saturday, 3 Jun 2023

What Are My Rights When Getting A Divorce?

The divorce process is usually simple until matters like finances, properties, and child custody sets in. Knowing your rights is essential to ensure you get what is due to you and not lose out. It is vital to get top-quality legal advice from top attorneys like the lawyers for divorce in MA. According to the law, you have certain rights, but most times, the court determines the specifics. They access the claims if you cannot achieve an agreement. There are some common rights you have when it comes to divorce, and we explain them below.

Property Rights

While you’re married, you have a right of occupation on the property. This right depends on the property’s owner and if it is in joint name. On some occasions, there are co-habiting agreements and prenuptial drawn up before the property is acquired. It doesn’t matter whether the asset is in your name; you have the right to live on the property. Your spouse is not allowed to exclude you by changing the locks or other actions. However, during a divorce, if you have children with you on the property, you might be able to get the rights to the property. If you have your partner trying to force you out of the while still married, you can take legal actions against them.

Financial Rights

When it comes to finances, no complex rules are surrounding it. There’s no way to determine how the court would calculate the divorce settlement. If you can easily take care of your finances than your spouse, you might receive less. Although chances are you will feel like you’re losing out, that is usually how the court works. You can use many solutions in dividing assets, and you must explain your preference to your lawyer beforehand. If the parties don’t reach an agreement, they can leave the decision to the court. A good attorney like the lawyers for divorce in MA will guide you through various factors the court will consider. These factors include age, marriage length, assets, income, pension, and many more.

Children’s Rights

The court is usually apparent on the rights of children more than that of the parents. In straightforward terms, children have a right to a relationship with both parents. If you previously had parental responsibility for the children while married, you will still have access to information and making decisions on their behalf. However, if the couple is not married, mothers generally have automatic parental responsibility.