Legal considerations for women in divorce are often overlooked at the beginning of the process when they can be most useful in building a strong case. When preparing for divorce, a woman must be aware of the legal consequences of her actions. Divorce is an emotionally contentious process and women sometimes go through the process without paying attention to the legal considerations.
Spousal Support
Spousal support, also known as alimony or maintenance, is money one spouse pays to another following a divorce. The payments are usually made on a monthly basis and are intended to pay monthly living expenses. A woman asking for spousal support will be required to submit a detailed list of monthly living expenses. A woman should know that state law establishes how much support she can get. Some states require that a woman be allowed to maintain the same standard of living she had while she was married, and some states simply divide the available income between the spouses. Knowing how a particular state determines spousal maintenance may affect what monthly living expenses a woman submits to the court.
Income
Some states are less inclined to require a husband to pay spousal maintenance when a woman is working or when a woman is highly educated and could have a higher paying job. Other state laws are written to be more supportive of women who choose to stay home and care for children. The legal considerations for how a state treats a woman’s income may impact whether she should get a job during the divorce process, or what type of job she should try to get.
Child Custody
The process for determining custody and parenting time arrangements and some states put more emphasis on certain factors than others. Some states emphasize the primary caregiver, regardless of gender, and some states still favor the mother, even if she works full-time and the children are in childcare most days. A woman should know the factors for establishing child custody before she begins the divorce process so she can adjust her schedule and parenting priorities as needed. While a change in parenting or schedule might not be enough to sway the court, it is wise to understand the law in her particular state so she can present the best case possible.
Getting Legal Help
Legal considerations are critical for every divorce case and are easy to miss when in the middle of an emotional divorce. An experienced family law attorney understands the complexities of the law of the state and knows the how legal considerations impact the end result. A woman should consult an attorney as soon as possible in the divorce process to find out what she can do to present her best case.
