Know Your Rights

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.

About the Author

Carolann Mazza

Florida Family Law Attorney (The Florida Bar, admitted 2001) · Florida Supreme Court Certified Family Mediator (certified 2011, No. 25475F) · Super Lawyers, Family Law, 2022–2026

Carolann Mazza is the founder of Carolann Mazza, P.A., a non-litigation family law firm she opened in Fort Lauderdale in 2003. Practicing family law in Florida since 2001 and admitted to the State Bar of Texas in 1997, she resolves divorce and family conflicts exclusively through Collaborative Divorce, mediation, and out-of-court settlement — keeping families out of court while preserving relationships, dignity, and children’s wellbeing. She serves Broward, Palm Beach, and Miami-Dade counties.