Legal Rights in a Divorce

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Divorce can be traumatic and stressful. It is necessary to take legal advice from the attorneys in order to begin the divorce process. The legal rights alter from one state to another. These rights are safeguarded by the Bill of Rights and adhered to during the divorce procedures. All the people in the United States have the right that they should not be intimidated, physically abused or harassed. Women, men and children have different sets of rights while taking divorce.

Legal Rights in a Divorce for Women

Before filing for a case, people should know about their rights that they possess at the time of taking divorce. This is necessary so that they are not fooled by their attorney or any other person at the most crucial time of their life.

• A woman can decelerate a divorce process. However, she has not been given the right to stop it, except when the husband is in agreement. The same rule is applicable for a man also.
• A woman can forgo a trial by opting for mediation. She can schedule a settlement outside the court by collaboration between herself, her husband, attorneys of both and a third party mediator.
• Assume that a woman believes that her husband is attempting to swindle her and her attorney. Then, she may legally request to freeze all shared finances.
• If a woman has undergone sexual, physical or mental abuse during the marital life, she can request the court to issue a restraining order during the divorce process. Such a woman may tell the court that she fears for her safety and hence an order of protection may be granted.
• A woman has been given the right to request for joint or full custody of the adopted or natural children.
• Any woman is not empowered to have the legal right of custody of the step children.
• If a woman can produce financial documents that endorse a request for spousal support, then she may request maintenance during separation, during the divorce process and after it also.

Protection of Legal Rights in a Divorce

Everyone has their own set of rights and those should be respected. Men and women are alike in the eyes of the law and that is why no one should be suppressed on the grounds of gender or financial status. Some of the points related to the protection of legal rights in a divorce are stated below:

• An individual should not ignore the temporary court orders. It must be remembered that due to these orders there is additional protection from the divorcing spouse, if this spouse intends to surpass the boundaries of your rights
• If the spouse displays violent behavior, you have the right to apply for restraining orders. You must never react by harassing, threatening to harm or harming the spouse. If a restraining order is issued and you make a domestic violence calls to the Law Enforcement officials, they would be willing to help.
• If you have any joint credit accounts with the spouse and you fear that the spouse may run into debt, then you can apply for special protection from the court. Additionally, you may never use credit accounts that are solely in the name of your spouse
• No spouse has the legal right to conceal the minor child from the spouse. If the child lives with you, then you must ensure that the visitation rights are awarded to the other spouse.
• In some states, the parent is given the right to move the child about 150 miles from the jurisdiction of the court. In other cases, the child must not be moved outside this jurisdiction.
• If some property is owned solely by your spouse or jointly owned by both of the partners, then in the absence of the consent of any of the spouse, you do not have a legal right to dispose, transfer, damage, destroy or conceal this property

There are a set of legal rights in divorce that should be kept in mind at the time of parting ways. It is necessary to be equipped with all the information at the time of ending the relationship. This information can be gained with the help of an attorney or by reading on line information. It is essential to know that everyone is equal and no one can suppress your being. All the information stated above is true and will help all the people recognize their rights at the time of taking divorce and legally ending the relationship.

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