What Are My Rights When I Get Separated From a Marriage?
If you split from your spouse, you can file for legal separation in most --- but not all --- states because some states do not acknowledge legal separations. After filing a petition for divorce, you might have to wait a period of time until the divorce is finalized. So, filing for legal separation is a necessary step to protect your rights in the meantime.
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Right to an Attorney
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You have the right to an attorney. An attorney will help you to understand your rights provided by your state's laws. She will also help you draft and file any legal pleadings on your behalf. An attorney is ethically prohibited from taking your case if there exists any conflict of interest. So, to represent you, your attorney cannot have spoken to your spouse already, even if just in an initial telephone conversation. Therefore, it is imperative to contact an attorney in town before your spouse does.
Right to Legal Separation Agreement
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You have the right to a legal separation agreement if you live in a state that recognizes legal separation. Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania and Texas do not recognize a legal separation. In these states, however, you can file a temporary order that protect your interests when you file for divorce. A legal separation agreement is a legal contract that outlines the division of property, the rights of each spouse upon dissolution of the marriage, alimony to be paid, custody arrangements and other issues. In some states, a reconciliation of the parties will abrogate a legal separation agreement unless the agreement stipulates otherwise.
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Right to Proper Settlement of Assets and Debts
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You have the right to a proper settlement of the marriage's assets and debts. A proper settlement will depend upon any prenuptial agreements in effect. If you signed a prenuptial agreement, this agreement will dictate how assets and debts are divided. However, your prenuptial agreement might not cover all of the assets and debts accumulated during the marriage. In either case, you have the right to work out the remaining details fairly and properly.
Right to Spousal Support
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You have the right to spousal support, given your circumstances. If you have children, you might be entitled to financial support from your spouse if your spouse supported you during the marriage. On the other hand, if you supported your spouse financially during the marriage, you might be obligated to continue support --- at least temporarily --- until a divorce settlement agreement supersedes the separation agreement.
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