I caught my husband cheating on me and immediately filed for a Divorce. What are my rights during the divorce process?

I walked in on my spouse cheating on me with another person.  This is not the first time he was unfaithful but it was the first time I walked in on it.  I moved out of my house and filed for divorce within two days after seeing them.  I have no idea about my rights.  What do I do after I file for divorce?

Answers (1)

You did not indicate in your question, how long it has been since you filed your divorce papers, I am going to assume that it is early in the process and start with the basics.  If you have not done so already, the papers you filed with the court will need to be served on your spouse, at his last known address.  Most jurisdictions will serve the papers for you for an additional fee.  You will also have to wait a required period before your divorce can be scheduled.  The separation period varies from state to state.  It can be as short as 90 days or as long as two years.  The separation period can be shortened if you file for divorce under no fault grounds or if your spouse does not contest the divorce.

The other issues you need to consider are child support, custody, property division, and alimony.  If minor children are involved, your divorce petition (assuming it was one of the do-it-yourself forms that most states provide) may have provided fill in the blank options for child support, custody, and visitation.  Consider whether there needs to be amendments to the petition.

Finally, you need to consider whether there is marital property to be divided, and whether you need temporary or permanent alimony.  Your entitlement to any of these also depends upon your work history, the length of the marriage and your age.  Some jurisdictions also require mediation or some other form of alternative dispute resolution.  You should consult an attorney experienced in Family Law.  This person would be able to review your petition to make sure it is procedurally correct and make amendments if necessary.  He or she can also advise you as to your rights to marital property, alimony and any issues involving child support, custody, and visitation if they apply.

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