Family law cases are some of the most emotionally and legally complex challenges a person will ever face. Whether you are navigating a divorce, working through a child custody dispute, or looking out for your future financial stability through a support agreement, understanding your legal rights will be critical.
Many enter these situations unprepared, relying on misinformation or failing to recognize the legal protections available to them. Unfortunately, this lack of awareness can result in costly mistakes and unfavorable settlements.
What are Your Rights in a Divorce Case?
Divorce doesn’t just dissolve a marriage. It also divides property and finances, decides how you will share the parenting of your children, and determines what ongoing financial obligations you will have toward each other. Not understanding your rights means you could find yourself at a significant disadvantage in a divorce case.
1. You Have a Say in Your Property Division
One common misconception about divorce is that spouses divide their assets 50/50. While this may be true in certain states that follow strict community property rules, most states today follow equitable distribution standards. This means the family law courts will consider various factors when making property division decisions in a divorce. These include the length of the marriage, the financial needs of both spouses and the financial and non-financial contributions each has made to the marriage.
Before negotiating a divorce settlement, you will want to familiarize yourself with your state’s property division laws. Your family law attorney can help you negotiate a fair division of marital assets before your divorce makes it to the courtroom.
2. You May Be Entitled to Spousal Support
Alimony, or spousal support, is another frequently misunderstood area in family law. Many divorcing couples believe that alimony is either automatic or impossible to obtain. The reality is that courts award spousal support based on state law, factors like income disparity, the length of the marriage, and whether each spouse can be financially independent post-divorce.
If there is a significant income gap between you and your spouse, or you have been financially dependent in your marriage, your family law attorney will evaluate your financial needs and advocate on your behalf for spousal support.
3. Hidden Assets Can Be Uncovered Through the Discovery Process
Divorce requires both spouses to fully disclose their assets, income, and financial obligations. However, it’s not uncommon for one spouse to try to conceal assets to avoid sharing them in a divorce settlement.
Fortunately, the legal discovery process provides family law attorneys with multiple tools such as depositions, interrogatories, subpoenas, and expert analysis that allow your family law attorney to uncover hidden assets and other financial misconduct. If you suspect your spouse is hiding assets, you will want to bring this to your divorce attorney’s attention immediately. Your attorney can address your concerns through discovery or work with financial experts to trace hidden income or assets and ensure all marital property is fairly accounted for.
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What are Your Rights in a Child Custody and Support Case?
Few disputes are as emotionally charged as child custody and support cases. These can significantly impact your relationship with your child as well as your financial well-being. Understanding your rights as a parent will help you navigate a custody or support case with more knowledge and confidence.
1. Both Parents Have Equal Standing at the Start of a Custody Case
People still often believe that courts automatically favor the mother in custody cases. While that was true once, modern family law now recognizes the importance of both parents in a child’s life. In other words, fathers have just as much right to seek custody and visitation as mothers, but they must also demonstrate their involvement and commitment to the child’s well-being.
To demonstrate commitment to your child in a custody case, you should keep detailed records of your involvement in your child’s life, including attending school and extracurricular activities, doctor visits, and maintaining consistent scheduled parenting time. This will be valuable evidence demonstrating your role as an engaged parent.
2. Child Support is Based on Parents’ Income and Their Parenting Time
While parents often assume that child support is a fixed amount per child or solely based on one parent’s income, most states have guidelines that calculate child support based on both parents’ incomes and the amount of time they spend with the child. In other words, the more parenting time a noncustodial parent has, typically, the lower their support obligation may be. If you share significant parenting time, you will want to ensure that your support payments accurately reflect your parenting arrangement.
3. You Can Modify Custody and Support Orders in Some Cases
Your life will continue to change after your custody or support agreements have been established, and orders may need to be modified accordingly.
If your personal or financial circumstances change significantly, you have the right to request a modification of your custody or support orders through the court. You should work with an experienced attorney to properly file a modification request to ensure any changes are legally recognized and enforceable.
Your Rights in Prenuptial and Postnuptial Agreements
Pre- and postnuptial agreements are valuable legal tools that can provide clarity and financial security in a marriage. Yet many people hesitate to consider them because of misconceptions about their purpose.
1. You Can Protect Your Assets Before You Get Married
A prenuptial agreement is a legal contract spouses sign before marriage that outlines how assets and debts will be divided or financial obligations fulfilled in the event of a divorce or the death of a spouse. This is particularly important when one partner has significant assets, owns a business, or this is not a first marriage.
If you have substantial assets or you or your spouse have children from another relationship, you may want to discuss a prenuptial agreement with your attorney to avoid future disputes.
2. You Can Create the Same Type of Financial Agreement After Marriage
A postnuptial agreement serves a similar purpose as a prenuptial agreement but is created after spouses are married.
Like a prenuptial agreement, a postnuptial agreement can define financial rights, property ownership, and business interests, offering legal protection at any stage of the marriage. If your financial circumstances have changed during your marriage, you may consider having your attorney draft a postnuptial agreement to clarify asset division and avoid future conflict.
3. Prenups and Postnups Must Be Properly Drafted to Be Legally Enforceable
A pre- or postnuptial agreement must be fair, transparent, and properly executed for it to be upheld in court. Agreements that are unreasonably one-sided, fraudulent, or executed improperly may be deemed unenforceable by the court. Both spouses should have legal counsel when drafting a pre- or postnuptial agreement to ensure its enforceability.
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What are Some Myths About Family Law That Can Cost You?
Many people walk into a family law case believing myths that can cost them money, time, or even custody of their child. Here are some common myths — and the truth behind them.
Myth 1: Only Married Parents Have Custody Rights
The reality? An unmarried father can establish legal paternity and fight for custody or visitation rights. If you were not married at the time of your child’s birth, you could file for paternity rights as soon as possible with the assistance of a family law attorney.
Myth 2: You Can Stop Paying Child Support if Your Ex-Spouse Blocks Visitation
The reality? Child support and visitation are separate legal issues. Courts could enforce child support payments even if one parent withholds visitation. If you are responsible for paying child support, you must continue paying. Document the custody violations and then pursue legal action to enforce your visitation rights with the court.
Myth #3: If Your Ex Remarries, You No Longer Need to Pay Alimony
Alimony laws vary by state, and a spouse’s remarriage doesn’t always terminate spousal support obligations. Review your divorce decree and consult a family law attorney before discontinuing your support payments.
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Protecting Your Rights with Experienced Legal Assistance
Family law is emotional, complex, and rife with legal challenges. Understanding the law and your rights is essential whether you are going through a divorce, a custody dispute, or negotiating financial agreements. Failing to seek legal guidance before agreeing to terms could cost you assets, parental rights, or financial stability. When you are facing a family law issue, don’t take chances. Consult an experienced family law attorney to protect your rights and secure the best possible outcome.
At Melone Hatley, P.C., our award-winning family law attorneys are here to help you confidently navigate this process. We understand the legally complicated nature of divorce, custody, and asset division, and we will provide knowledgeable and strategic guidance for you every step of the way. Contact us online or call us at 1 – 800 – 479 – 8124 to schedule a confidential consultation with one of our Client Services Coordinators.
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