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How do you protect your rights during divorce?

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Quick Answer

For a person to protect her rights during a divorce, she needs to identify and demand an equitable share of marital assets and prepare arguments regarding child custody, according to the Rosen Law Firm. If a person acts violently toward a spouse, protecting rights during a divorce often means leaving the home to protect the spouse's immediate safety and taking any minor children out of the marital home.

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Full Answer

If a spouse is not violent, it is often wise to stay in the marital home during divorce proceedings. If both parties want the marital home, the court might award the home to the party living in the home. For that reason, if the spouse does not fear for her safety, it is best to stay in the marital home if she seeks the marital home during the divorce, explains North Carolina Divorce. A party can use a court motion to ask the court for exclusive possession of the home while the divorce proceedings linger in court.

To protect assets in a divorce, it is important to keep copies of financial statements, according to Feldman Family Law. Even accounts solely in the other spouse's name might be a marital asset. If a spouse has any separate property, such as assets earned prior the marriage or inheritances, it helps to avoid co-mingling those separate funds with any marital funds, explains Feldman Family Law.

To protect divorce rights that regard minor children, a divorcing spouse should cultivate the best relationship possible with her minor children. The divorcing spouse should identify other people who know the minor children and the children's relationship with each of the parents. The divorcing spouse should learn the factors that the court considers when deciding custody, says MassLegalHelp.org.

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