As a woman going through a divorce, you may have received a lot of advice from friends or relatives who have already been through the process. Some of this Divorce 101 for women provided by friends and family may have been good, and while all of it may have been well intentioned, some of the advice may have been bad as well. The divorce laws are constantly changing, and since every divorce is different, there will always be differences between your situation and those of other people that you know. With that said, you may still have questions about your divorce process and what you can expect from the divorce proceedings. There are several frequently asked questions from women going through a divorce that might help to put your mind at ease.
Divorce 101 For Women
- One question that women typically ask is whether or not it is legal for their former spouse to lock them out of the house, or vice versa.
The answer to this question depends on whether or not the property is in both of your names. If the property is in only one of your names, then that individual does have the right to secure the property. However, he or she must obey the court and give you back anything that is yours. If the property is held jointly, then one party cannot unilaterally restrict the other from visiting the property unless there is a restraining order or other court mandate in place.
- Another frequently asked question by women going through a divorce is: What will happen with our children?
Of course, if you can work together amicably with your spouse to create a visitation agreement or a child support agreement, you will have the ultimate say over how the situation turns out. However, if you and your spouse are not on good terms and cannot present an agreement to the court, the court will decide based on the best interests of the child, and may come up with a visitation agreement that is not necessarily the best for both adult parties involved. Child support will typically be calculated by a standard equation unless you have an existing agreement already in place.
- One final frequently asked question that women wonder about during a divorce is what to do with personal property that you wish to keep during a divorce.
If you can inventory the property and divide things evenly with your spouse, you will be able to keep what you want from the divorce, within reason. If not, the court will divide the property according to the prevailing laws of your state.
Getting Help
As you move though the divorce process, you will likely find you have a lot of questions about the legal process of divorce and about what will occur during the divorce. The best person to answer those questions is your lawyer. Your lawyer can also help you make sure you are treated fairly and that you get a reasonable divorce settlement.
