Divorce lawyers, also called family law lawyers, provide legal advice and assistance for individuals who are going through a divorce. These lawyers have legal knowledge regarding many issues, including:
- Property classification;
- Child custody and visitation; and
- Other related issues.
Divorce laws vary by state, so it is important to have assistance from an attorney with knowledge of the laws of the jurisdiction. A divorce lawyer may also be required to research divorce laws in other states if one of the parties resides in another state or the couple has property in multiple locations.
Women who are getting divorced may find it helpful to consult with divorce lawyers for women’s rights. Just as men and women are different, so are the issues they encounter during the divorce process.
What Are Some Common Divorce Issues for Women?
As noted above, men and women may encounter different issues during the divorce process. For example, women who are divorcing may require special assistance with issues, including:
It is important to note that there may be unique issues in same-sex marriage cases, as the laws governing the issue may vary greatly by state.
What Are Common Property Issues Connected with Divorce?
Every state has its own laws governing property classification and property distribution during a divorce. The majority of states, however, can be divided into either community property states or equitable distribution states.
Community property is property that is accumulated over the course of a marriage. Community property states include:
- Arizona;
- California;
- Idaho;
- Louisiana;
- Nevada;
- New Mexico;
- Texas;
- Washington; and
- Wisconsin.
In the states listed above, all of the property that belongs to a married individual is classified as either community property, or property owned equally by both spouses, or as separate property that belongs to one spouse. During the divorce, community property will typically be divided equally or as fairly as possible between the spouses while each of the spouses will keep their separate property.
In equitable distribution property states, the assets and earnings that are accumulated over the course of a marriage are divided equitably. In order to determine what equitable division would be fair to both parties, the court will consider many factors, including the earning potential of each spouse as well as the duration of the marriage.
In addition, the court will consider the financial position that each of the spouses will be in after the divorce.
What Are Some Common Child Custody Issues Specific to Mothers?
In past decades, mothers were typically granted custody rights, almost as a default, because courts assumed that the mother of the child was the best and main caregiver. As presumed gender roles have evolved over time, however, a court will now consider which of the parents best suits the needs of the child, regardless of their gender.
When determining the mother’s rights to child custody, the court will begin by considering whether the child was born out of wedlock. This is done because, by law, child custody is automatically granted to an unwed mother.
If, however, granting the mother custody would not be in the best interests of the child, the biological but unwed father has the right to pursue child custody rights. The majority of custody laws are gender neutral, meaning they do not necessarily favor a mother over a father.
Courts will base all decisions regarding children in divorce cases on the child’s best interest standard. This, therefore, will be the determining factor in cases where the parents were married when the child was born.
In addition, women may face other parties seeking to be awarded custody of the child. For example, the parents of the mother may seek custody as grandparents.
The biological father or the child’s paternal grandparents may also seek to prove the mother unfit in an attempt to be awarded custody. Another issue that a mother may face is visitation rights of the other parties that may be involved in the child’s life.
For example, the child’s other biological parent or the child’s grandparents may seek to enforce visitation rights, even against the mother’s wishes.
Why Does Women’s Credit Suffer More after Divorce?
A divorce will not directly affect a woman’s credit report or score. In fact, lenders are forbidden by the Equal Credit Opportunity Act (ECOA) from employing credit scoring methods that discriminate on the basis of gender, age, race, or any other category.
However, divorces may result in financial difficulties that may indirectly affect a woman’s credit. In fact, financial issues during divorce may have a disproportionately negative impact on women.
Typically, women earn less than men, so a divorce may have a severe financial impact. According to figures from the United States Census Bureau, recently divorced women report lower household incomes than recently divorced men.
The credit company, Experian, also commissioned research that reveals that 54% of divorced women said their credit score dropped while they were married. Approximately 50% of the women who responded indicated that their ex-spouse harmed their credit.
How Can a Divorce Lawyer Help?
A divorce lawyer can help an individual in many different ways, whether they are considering filing for divorce or have already been served with divorce papers. Every divorce is unique and has unique issues, such as:
- Division of property and debt;
- Child custody and visitation issues; and
- Spousal support.
Women can also have unique issues arise during a divorce case. A lawyer can provide quality divorce advice for women.
As noted above, women typically face a decline in their income and standard of living following a divorce. Many women work part-time and their husband is the main breadwinner or they do not work and raise the children.
A lawyer can help negotiate spousal support, if available, and ensure child support will be paid when children are involved. This can help ensure the woman’s standard of living is maintained as closely as possible to what it was prior to their divorce.
Having a lawyer can also help a woman obtain full or partial custody of their child or children to help ensure that they grow up in a stable and loving environment, even after the divorce. It is also helpful to remember that the court will consider the welfare of the child primarily when making any custody decisions.
Do I Need a Lawyer for Help with Divorce Issues?
Whether you are considering filing for divorce or have already been served with divorce papers, it is essential to consult with a divorce lawyer, especially if you have children. Your lawyer can help you file for divorce or help you respond if papers have been served on you.
A divorce is often a complex and emotional process to endure. It can be extremely stressful and even frightening.
It can be very helpful to have a professional who can provide advice and guidance on every aspect of the divorce process and ensure your rights are protected. In addition, your lawyer may be able to help facilitate negotiations with your ex-spouse that may result in a more favorable outcome for all involved.
