Know Your Rights

By: Carol Ann Mazza Date Posted: April 27, 201510:46 pm

One of the most common questions clients ask about their pending divorce is “what are my rights?”.  They usually want to know exactly what they will get or what will happen in court.  Unfortunately, the answer is not so simple.  For example, you may have the right to alimony if the judge believes you have proven that you have the right to it.  Similarly, you may have the right to more timesharing with your children if the judge believes you have proven your right to it. 

You do have many specific rights that are less commonly understood:  for example, you have  the right to choose the way you want your divorce to proceed; you have the right to self-determination and autonomy during your divorce; you have the right to make your own decisions and to create your own marital settlement agreement;  you have the right to confidentiality and privacy; you have the right to have an active role in your divorce process and you have the right to choose a lawyer who reflects your values and goals.

So, when you are considering divorce, make sure that you know what your rights are before you decide how and with whom to proceed.