Various Rights For Women During Divorce

If you are a woman getting a divorce, you need to know what your divorce rights are. While the rules vary by state, in general, protections are in place to ensure that both parties have divorce rights and are treated fairly.

Divorce Rights for Women

The major divorce rights for women involve the right to equitable property distribution. Women are, in other words, entitled to their fair share of marital assets. This is true even if a woman stayed home with the kids and didn't work or even if she earned considerably less money than her husband- she is still entitled to some of the marital assets.

The specific procedure for distributing assets varies by state. In community property states, all marital assets, things bought during the marriage and money earned during the marriage are split 50-50. The only exceptions to a 50-50 split are property that was brought into the marriage, money that was inherited, or judgments from personal injury cases- as long as that money or assets was kept separate and not mingled from the community property. In other states, the court will determine an "equitable" distribution of property based on various factors such as the length of the marriage and the income and role of each party. A stay at home mom's contribution is valued, however, in an equitable distribution state.

A woman also has rights when it comes to custody. Except in cases of abuse or neglect, she is generally entitled under the law to at least partial custody of her child. The law is more gender neutral when it comes to determining custody today than it used to be, but a mother is still allowed access to a child. The court will look at the best interests of the child to make a custody determination.

Depending on the situation, a woman may have other rights as well. For example, she may be entitled to alimony if her spouse makes more than her and if she needs such support to maintain a standard of living similar to that which she enjoyed during the marriage. In addition, if she doesn't have her own assets to pay her legal fees, her husband may have to pay for her lawyers in some cases.

Get Legal Help

If you are a woman and you are concerned about your divorce rights, consult with an experienced family law attorney who can explain the rights and protections in place in your state to protect you through the divorce process.