For any couple out there in the world, divorce is nothing but a nightmare. The process of coming out of this trauma is rarely easy. Those who have been in this phase have seen the mountains of financial and emotional issues. These hills surround from every corner, and the fog of thoughts makes the matter even worse.
Although the couples have certain legal rights upon getting divorced, the specifics of the matter need a thorough examination. Who does this? A divorce lawyer, apparently. This legal guide will brief you about some of the legal rights that you have in such a situation.
Most of it depends on how the property is owned or in whose name it has been registered. The law ensures that you do not get kicked out of the property, even if you have no share in it.
Since every state has a different law, nothing particular can be mentioned. Some states allow the spouse with children to live in the same property until the kids have graduated the school. Your spouse does not have any right to ask you to leave under such circumstances. If something like that happens, you can seek legal advice.
There’s no specific formula to calculate the share of each party in the case of divorce. The one, who earns less, gets more than what the other party does. Some couples mutually come to an agreement on the same, but most of them have to bring the court in between.
As mentioned, the law is different everywhere, let us assume that you belong to Montrose. When ending your marriage, a divorce lawyer in Montrose will guide you about the factors that the court can take into account to decide the division of assets.
Divorce – Understand your Legal RightsChildren play a role in the division as well. The one who keeps the children is entitled to receive more than the other one.
In most cases, the women have to keep the children. If that is the case, along with the fact that she earns comparatively less, and also has a lower mortgage capability, she will get more benefit.
Rights of Children
Children suffer the impact of the separation of their parents as well. No matter who they live with, it is their right to be in a relationship with both of them. It is their personal choice that matters here.
Something that most people believe, but is not true is that the mother of the children has to keep them. It depends on the couple’s agreement and also the choice of the kids.
If the children live with their non-working mother, the male counterpart will have to prove her the financial support for the education and healthcare of the kids.
A matter of this level must be given to some legal worker to handle because it is not a cake walk for any random person. Understanding the legal aspects of a situation like that can deteriorate the mental health of the involved parties as well. In short, the whole family suffers when a marriage comes to an end this way. So, hire a lawyer to mitigate the issues to some extent.