Advice On Divorce Rights For Women

If you are a women with children involved in divorce or contemplating becoming involved in a divorce there are going to be many issues, emotional and financial, that will stand ready to confront you.  Below are listed but a few of the categories of concern that await the unwary divorce petitioner.  

Child Custody

Custody battles are usually decided by the court and always involve the “best interests” of the child.  In most States the mother is still granted physical custody of the children more often than the father.  There are several elements that determine the proper State court to determine custody issues.  The length of time the child resided in the State, any previous divorce proceedings, and the State of residence for each parent are a few of the main jurisdictional elements that might be asserted.

Child Support

Married or not, parents still retain a legal responsibility to provide adequate support for their children until those children reach age eighteen.  Child support is dictated by each parent’s ability to pay from the income they take in and the assets they own.  The court will expect the parents to support the child in a lifestyle similar to that which he enjoyed prior to the divorce. 

A court may consider a modification where there has been a significant change in financial circumstances such as a change in the child custody agreement, a change in the health conditions of the parent or the child, a change in the family responsibilities of parent by way of a new marriage and family members, or a drastic change in employment situation or benefits afforded to a working parent.

Alimony

Alimony or “spousal support” is rarely granted these days.  Permanent alimony is considered by the court based on the ability of the spouse to be supported to work and earn money, the length of the marriage, the person with custody of the children, the age of the spouse to be supported, the length of time support will be needed and the ability of the other spouse to pay.

Getting Legal Advice

If you or a member of your family is involved in a divorce or contemplating becoming involved in a divorce it may be important to contact a qualified divorce attorney to discuss the circumstances of the marriage in order to best understand your rights and family responsibilities during and after the dissolution of the marriage.