Divorces are common aspects of life that affect us either directly or otherwise. Although a lot of domestic issues can be resolved within the family unit, in some circumstances they end up in the court system mostly because of the intricacies they bear. These may include child custody, division of assets, spousal and child support among other issues.
The process initiates with a divorce petition, authored by one of the partners (often known as the petitioner) and then served to the other partner. Next, the petitioner lodges this petition in a state divorce court within the county of residence for one of the partner. The location in which the marriage took place is irrelevant. This document contains crucial details pertaining to the marriage. It mentions the husband, wife and any children while stipulating whether there is any community or separately held property, child custody and many others. Additionally, the petitioner may seek legal counsel to help him/her know divorce rights while authoring it.
Foremost, it is essential to understand that the law has granted equal divorce rights for each party in a relationship. This means that your spouse has equal divorce rights as you. The sooner both of you understand this, the easier your divorce process will get. However, these rights differ based upon the state of residency.
You can contact an experienced attorney to help you find out about the divorce rights available in your state. This is because you can’t file for divorce in a different state other than your current state of residence citing that laws are more favorable to you.
Given that divorce rights differ from various states, there are standard rights available in almost every state. These rights include:
There are various custody types defined by law such as sole custody or joint custody. However, in the event that your former spouse receives sole custody due to pertinent conditions that you failed to meet, you still have divorce rights that allow you to see your kids in the duration granted by the court.
There are two unique ways that govern property distribution. They include equitable distribution law or community law.
All the family debts see division among the two of you. However, some states may distinguish between debts incurred individually by one spouse before marriage from those incurred during the marital union.
This is a type of divorce right that the divorced individual is entitled to in such a situation. Again, laws differ from state to state, so get in touch with an attorney to discuss this.
The spouses granted custodial rights of the kids would also be entitled to rights pertaining to financial assistance often intended for the welfare of the kids. Normally, children are required to be below the age of 18 and attending school full time but again the law varies.
Whether your case involves a contested divorce, property distribution, amicable divorce, child support, alimony, child custody or relocation, our doors at Zapicchi&Liller law firm are always open to assist you. Give us a call today or visit our offices at Cherry Hill, NJ for a consultation.