I Am Getting Divorced. What are my Rights?
In any legal proceeding, you have rights. These include your Miranda Rights if you are arrested and your right to cross-examine any witnesses present in civil and criminal court. When you are working through a divorce, you have a few specific rights regarding this legal process as well. Your divorce rights, like all of your other rights, exist to ensure that you are treated fairly by the court system.
Below are three important divorce rights you have that cannot be taken from you. If you feel your rights are violated at any point during the divorce process, discuss your concern with your lawyer to determine the appropriate action to take.
The Right to Have your Marital Property Divided Equitably
In a Florida divorce, the couple’s marital assets must be divided according to the doctrine of equitable distribution. The only exception to this rule is when the couple has a prenuptial agreement that states a specific breakdown of their marital assets.
When your spouse hides assets in an effort to keep them from being divided in court, your right to an equitable share of your marital property is violated. Similarly, misrepresenting your assets’ value and attempting to bully you into accepting an unfair division of your assets are violations of your rights.
The Right to Feel Safe Throughout the Divorce Process and Beyond
If you feel like your safety is in danger, you have the right to enact an injunction of protection against your former partner. Also known as a restraining order, this type of order prohibits your former partner from contacting you directly or indirectly. It may also require your former spouse to immediately vacate your shared residence, temporarily award you full custody of your children, and require your former partner to surrender his or her firearms.
The Right to Temporary Orders While your Divorce is Pending
A divorce settlement is comprised of a few distinct court orders. A property division order is always part of a settlement, and depending on the couple and their circumstances, a parenting plan order, a child support order, and/or a spousal support order may also be part of the settlement.
Divorce can take months or even years to finalize. While a divorce is pending, both parties have the right to seek temporary custody, child support, and spousal support orders from the court. These orders enable the couple to maintain consistent relationships with their children, ensure that the children are supported financially, and in cases involving spousal support, protect the lesser earning spouse from financial hardship while they work toward their final settlement.
Work with an Experienced Orlando Divorce Lawyer
Your lawyer’s job is to ensure that your rights are protected at all times during the divorce process and in the years that follow. To discuss your rights and other issues relevant to your divorce with an experienced Orlando divorce lawyer, contact the Law Offices of Steve W. Marsee today to set up your initial consultation in our office.