It goes without saying that divorce is rarely easy on anyone involved, but it can be especially difficult when the divorce is contested. No one knows for certain what the outcome will be, and if there are children involved, it becomes that much more difficult. Each state has its own laws regarding divorce, but most (if not all) states do have laws governing contested divorces. Do you know what your legal rights are in your state concerning contested divorces? Here is some of what you might want to understand.
When Children Are Involved
The one thing you might want to be aware of is that divorce court falls under the jurisdiction of Family Law. Therefore, any minor children will be the primary concern of the court. Their welfare must be a foremost consideration so that will often affect both the custody of the children and the financial disposition as well. In fact, some states have grandparents’ rights so these will be considered as well. If the welfare of the children is in question during a custody battle, the courts have been known to place the children with grandparents until matters can be resolved. There is much to consider when children are involved, so it pays to understand the laws in your state if you have any doubts as to your custodial or visitation rights.
What About Adultery?
This is actually a question many people have when contesting a divorce. Sometimes the offending partner sues for divorce and, of course, the injured partner contests the divorce. Do you know your rights if you are the wronged spouse? In fact, in some states like South Carolina, adultery is even a criminal offense! While the police rarely arrest an adulterous spouse for adultery, it is well within their jurisdiction to do so. This can have a huge impact on the outcome of your case, so if you are contesting the grounds or the disposition of property in a divorce, it is in your best interest to consult with Family Law experts like those at Charleston Law.
What Rights Do You Have as Grandparents?
Here is another topic a great number of people are concerned with. Does your state have grandparents’ rights on the books, and what are your rights in the final disposition? If the divorce is particularly messy, you may not get a straight answer from either parent. They are often too involved in their own issues to carry the added burden of figuring out where this leaves grandma and grandpa. It may not even occur to them that the children can be devastated when being separated from their beloved grandparents. Whether you are one of the spouses or a grandparent concerned with your rights, you do have the right to hire an attorney. Again, every state has its own laws regarding grandparents’ rights and some states don’t have any, so it may very well be in your best interest to consult an attorney the moment divorce is imminent.
The point in all this is that nothing is really as cut and dry as it might appear, especially when children or property of value are concerned. If you are going through a divorce, take the time to know your rights, and the best way to ensure accurate information is to hire a Family Law team. They will work and speak on your behalf.
