What Can I Claim in a Divorce?
Each couple's rights to property, children and anything else they shared in the marriage are dependent upon the conditions of their marriage and the laws of the state where the divorce is filed. Each person has specific rights and is entitled to different claims and property. The laws governing these issues differ from state to state, so get advice from a divorce attorney in your area if you need assistance.
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Property
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Each spouse has the right to property that the spouse owned during the marriage. Courts divide property differently, with some dividing marital property on a 50-50 basis and other dividing it on an equitable basis. Also, courts differentiate between property acquired by the couple before and during the marriage, typically awarding premarital property to the spouse that owns it and dividing marital property according to the state's distribution laws.
Custody
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Parents have a right to custody of their children in any divorce. Courts are obligated to ensure the needs of the children are adequately met in all divorces or legal separations, and base their orders on the best interests of the children. Courts divide custody into both physical categories (where the child lives) and legal categories (who gets to make decisions about the child), usually giving both parents both kinds of custody rights according to a shared parenting plan.
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Alimony
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Alimony, also called marital support or spousal support, is a part of some, but not all, divorces. Each spouse has the right to ask the other for alimony regardless of sex. If the couple cannot agree to alimony payments, you can ask the court to make the decision for you. Courts are allowed to award alimony, though they are not required to. Typically, courts measure various economic factors in determining alimony, such as the couple's standard of living, income levels and other related factors.
Prenuptial Agreements
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Many states also allow couples to use prenuptial agreements to determine what they get in a divorce. Prenuptial agreements, also called antenuptial or premarital agreements, let the couple determine for themselves issues such as how they want to divide property, who gets alimony and similar issues. While couples can include child custody and support terms in prenups, the court does not have to accept these terms. Any child custody and support agreements are still subject to the court's requirement that the child's best interests are met, which supersedes the desires of the parents.
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References
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