Category Archives: Legal entitlements after divorce USA

Guest Post: Life after Divorce: Your Legal Entitlements

Deaths and illnesses aside, divorces are considered to be of the most difficult and stressful periods in the life of a human being. The feeling of one’s life partner leaving in the midst of shouting, arguing and painful tension is antagonizing, while in many families the children’s suffering makes the situation much harder to bear. Therefore, the last thing that is needed is for the wounded party to find themselves embroiled in legal disputes and affairs. Unfortunately such turmoil is part and parcel of divorce and therefore the most we can do is learn the legalities.

The most important entity involved in a divorce is a child. For a woman who’s been granted custody of a child, it is her right to be supported with appropriate support payments. There are standardized family law guidelines set in place by different jurisdictions to ensure this.

In the event of the father having been granted custody of her child, a woman – as long as she’s a non-custodial parent – has the right to play a constant, regular and active role in the child’s life. It is considered the right of a child to have a relationship with both parents.

Depending on the particular circumstances of the former couple, the female may also be entitled to maintenance support, which was formerly known as alimony. This lasts for a set period of time.

An even-handed share of assets is also the legal right of a woman after a divorce. However, this also includes debts.

In the majority of circumstances, the woman will be granted custody of the child. However, in the advent of the women being unfit for parenthood, the father will be granted custody. The specifications that render one to be unfit for parenthood vary, but are mainly detailed around being able to prove one is capable of sufficiently and safely providing for the child.

If the mother has been granted custody, the father has the right to take up an active, regular and constant role in the life of the child. Certain decisions based around the child, such as that of education and health will be the right of the father also.

Financially, the man must equitably share his assets and in the advent of the male being judged as being able to regenerate his finances quicker and easier than the women, may receive less.

With regards to property rights, much will depend on how the property is owned and whether it is in joint names. It can also depend on any prenuptial or co-habiting agreement taken up when the property was acquired. However, you should never be forced out of a house, even if it belonged fully to your partner.

A word of advice…

Both partners are strongly advised to – if able – seek the help of a solicitor upon engaging in a divorce.

Author Bio:  Marcus Levy is a freelance British writer and law graduate from the London School of Economics (LSE).

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Filed under Children and divorce, Communication, Divorce, Divorce Support, Legal entitlements after divorce USA