What Are My Rights During a Divorce?

African American mother embracing her daughter

If you are going through a divorce, you will need to make several critical decisions and likely experience many emotions. While a divorce attorney can guide you through many of these hurdles, it’s also important to know what your rights are during this process. The team at Law Office of Julio E. Portilla, P.C. explains what rights you can expect while going through a divorce.

The Right to Spousal Support

During a divorce, your basic life needs must be met. This includes shelter, food, and more. If you are financially unable to meet your basic needs during a divorce, you will have the opportunity to petition for spousal support.

Spousal support is court-ordered payments that one spouse is to give to the other. A judge will review the petitioner’s request and ultimately decide whether to grant the request in whole or partially. Either way, this ruling may only be intact during the divorce proceedings. A judge may make a different ruling once a divorce is finalized.

The Right to Put Your Child or Children’s Needs First

Along with your needs, it is critical to think about your child or children’s needs. That means whether or not a judge grants spousal support, a ruling could be made for temporary child support. Child support is typically granted to the parent who has primary custody. This financial assistance is meant to support the child or children’s needs (such as schooling, shelter, food, and clothes). In conjunction with child support is court-granted visitation. A judge may rule that if one parent is paying child support, they are allowed visitation with their child or children for a certain amount of time every week.

The Right to Property

Typically during a divorce, spouses will live separately. However, there should be a fair division of who gets what during this process. If you and your spouse can not agree on certain property divisions during the divorce process, you will need legal help immediately.

You Have the Right to Seek Legal Assistance

Whether you’re ready to begin the divorce process or have questions about what a divorce could look like for your future, the team at Law Office of Julio E. Portilla, P.C. is here to help. Our experienced New York divorce attorney wants you to have the life you deserve. Don’t feel obligated to stay in an unhappy marriage only because you don’t know where to start — reach out to us online or by phone so we can help you. (917) 909-6166

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