Be Aware Of Divorce Rights
One of the ugliest words in the English language is divorce. This is because divorce is a tragic ending to a relationship that once started with vows of commitment which expressed undying devotion and faithfulness through sickness and in health, for better or for worse, until death us do part.
However, despite the tragedy of divorce, it is not an event where one marital partner is obligated to give up certain rights just because the marriage ends in divorce. Specifically, two divorce rights that are afforded to divorcing couples is the right to receive a portion of the assets accumulated through the marriage and child support of any children.
Understanding Divorce Rights
Divorce rights are those legal privileges afforded to those couples who choose to dissolve their marital union through a divorce decree. Generally, these rights are inherent through the judicial system, but can also be negotiated through the divorce decree.
Also, it is important to note that divorce rights vary from state to state. For example one state may require the payment of alimony to the divorced spouse, while other states may not require the payment of alimony.
The Divorce Right Of Division Of Property
One primary divorce right is the proper distribution of all assets accumulated by the marital couple. This simply means that all properties, financial accounts, retirement accounts, pensions, 401(k), etc. are to be divided between the two separating entities in an equitable fashion.
This divorce right can be negotiated between the two individuals from the dissolving marriage. If an agreement cannot be reached at this level then the court may appoint an arbitrator to facilitate the distribution of the assets. If an agreement still cannot be reached than a presiding judge will make a determination.
Again it is important to note that although these divorce rights are part of the judicial system for all states, it may not be handled in the same manner. For example some states are no-fault divorce states which mean that no cause for dissolution of the marriage is needed. Where as in other states there may need to be an unequal division of assets based on the actions of the divorcing partner. Some of those actions may include infidelity, criminal acts performed, abuse, etc.
The Divorce Right Of Child Support
One other important divorce right that surrounds the dissolution of the marriage is the support of any resulting children from the marital union. This simply means that if there are children involved in the divorcing family, it is the divorce right of the custodial parent to receive child support from the other parent. Often, child support varies from state to state, but despite the geographical variance the inherent right for the custodial parent to receive child support is mandated.
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