When a woman pursues a divorce, there are certain rights the woman possesses with respect to the matter. Issues relating to children and property are the most substantial areas of settlement when a divorce is pending. While each jurisdiction has specific requirements as to how these rights are administered, each jurisdiction has the same general rules as to what overall rights a woman pursuing a divorce may be entitled to receive.
Child Custody Rights
A woman pursuing a divorce has a right to custody of a child born to the parents. This matter could be an issue of contention during a pending divorce, or it could be worked out amicably between the spouses. In instances where the parties cannot decide, it is up to the presiding family court to decide where the child primarily resides.
Another right of a woman getting a divorce is the right to child visitation. The issue of child visitation generally comes up when the mother does not have custody of the child but seeks to spend time with the child on a part-time basis. To exercise the right to visitation, the mother can either enter into a formal agreement with the father or request the court to intervene and set up the visitation schedule.
A mother also has the right to receive child support when she is the main caregiver and guardian of the child. While child support may be an issue that could be resolved between the spouses, it may nevertheless become an issue to be litigated during the divorce action.
The woman seeking a divorce also has a right to financial support. This is also known as alimony. This amount may be agreed upon by the parties or it can be set by an intervening court. There are certain factors that are considered by a court in determining alimony, including the financial need of the wife, the ability of the husband to provide the support, the spouses' standard of living and contributions to the household expenses.
Another right to a divorcing woman is the distribution and settlement of marital property. In general, the parties may agree upon a particular settlement of these assets. However, where parties disagree, the court may have to decide how to split the assets. The court will likely consider the value of the assets, when the property was acquired and the circumstances of acquisition, the length of the marriage and the contributions by each spouse.
Another issue to be considered when obtaining a divorce is the issue of attorney's fees. In some jurisdictions, it may be possible for a party to the divorce to receive reimbursement of attorney's fees. However, every state is different and therefore one should check with the laws of the particular region.
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