Yes, it’s true, we have been asked this question. The short answer is a woman and a man should be treated equally in a divorce and each should received 50% of the marital estate.
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. When those that is in a common-law relationship break up, it is referred to as separation, instead of a divorce. Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.
What Are A Woman’s Property Rights In Divorce
Much here will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks. If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school. In any situation, if your partner is trying to force you out of the house you should take legal advice straight away.
There are no hard and fast rules regarding your financial rights in the breakdown of a relationship or how a divorce settlement will be calculated. If you are better equipped to “re-generate” your finances than the other party, you may well receive less than they do. It can appear that you are losing out because you have worked hard, but this is the way a court is likely to deal with things. There will often be a range of possible solutions to dividing the assets, and it is important that you explain fully to your lawyer your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner. Your lawyer will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache. If there are children from the relationship, generally speaking, the court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing. It can sometimes seem as though men have fewer rights than women. This will often be a result of any children living with their mother, who earns less, has a lower mortgage capacity and less pension provision than the other partner.
The Wife’s Grounds for Divorce
The right of the wife to demand a divorce is as legally entrenched as is the right of the husband to demand a divorce. This legal entrenchment goes all the way back to biblical times, and is not merely an adjustment to more modern contingencies. It would be a basic inequity in the relationship if the husband would be allowed to sue for divorce for whatever precipitating factor, whilst the wife would not be allowed to demand exit from the marriage no matter what happened. No one can deny that there are inequities in the system, but these inequities emanate more from abuse of the system rather than from its basic weaknesses.
What About Equity in the Law?
It is therefore not surprising and quite natural that the woman has access to exit from the marriage not only in cases of mutual desire, but also in situations when she is obviously disadvantaged by a callous and insensitive husband. To force a woman to endure the agony of a cruel husband who abuses her is unfathomable.
The primary right of a woman to demand a divorce is linked to situations when basic marital needs have been neglected, or abused by the husband. The husband is then “convinced” by the court to both grants the get to his wife, and to give her the marital contract settlement. The husband who has been derelict with regard to the sustenance that he is obliged to give to his wife, or the conjugal visitation that he must share with his wife, has thereby violated a primary responsibility of the marital covenant, and the wife has the right to a divorce in these situations. These elements of the marriage are so crucial, that their being used by the husband as a weapon with which to deprive the wife, either emotionally or physically, is considered a breach of the sacred marital trust. A woman may demand a divorce from her husband, if he has been found to be philandering with other women. There need not be proof of his having committed adultery, just of his having cavorted with other women. Even his causing her a bad name through his lecherous actions is likewise considered legitimate justification for the wife launching a divorce action. If the wife feels repulsed by her husband, it is wrong to force her to remain in the union. If the wife should make a vow that affects the marital union, such as a vow related to abstaining from conjugal union or some other impediment to marital viability, and the husband purposely fails to annul that vow, this is interpreted as a desire on his part to sever the relationship. The wife may then demand a divorce.
The husband who hits his wife, curses her, ridicules her, insults her, or insults his wife’s parents in the presence of his wife, or forbids his wife from visiting her parents or family, or whose general mode of communication with his wife is through temperamental outbursts and disrespectful language, creates a situation which is untenable. The wife cannot be expected to live in such an environment, and she is well within her rights to demand a divorce. In this situation, the wife must be able to show that this is not a rare occurrence, or an isolated outburst, but that it is reflective of the husband’s usual demeanor. Should a husband counterclaim with the charge that his behavior is instigated by her; the burden of proof is upon him. We assume the correctness of the wife’s position unless and until the husband can prove otherwise.
The woman whose husband insists that his mother (that is, the wife’s mother-in-law) move into the house and this thereby restricts the wife’s freedom may demand a divorce if this is an unbearable situation for her. The wife whose husband forces her into conjugal relations during her menstrual period may also demand a divorce. This is the case even if she may not be scrupulous with regard to observing the laws of menstruation, which forbid conjugal union during that period and seven days beyond. The underlying common denominator in the mother-in-law and menstrual situations is that the husband fails, or refuses, to accord to the wife the freedom, dignity and respect to which she is entitled beyond any question. The wife has the right to demand a divorce if the husband, for whatever reason, makes life unbearable for her. Aside from some of the reasons heretofore cited, this untenable situation may come as a result of the husband having developed a repulsive blemish, or having adopted a noxious habit, such as cigarette smoking. It may ensue from his having taken on a malodorous, offensive trade, from which he comes home with an intolerable stench.
Alimony payments also known in some states as “spousal support” or “maintenance”—are alive and well in Utah divorce system. And if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony. On the other hand, alimony generally isn’t awarded for short marriages or where you and your spouse earn close to the same amount.
If alimony is ordered, you will generally have to pay a specified amount each month until:
• a date set by a judge several years in the future
• your former spouse remarries
• your children no longer need a full-time parent at home
• a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting
• some other significant event such as retirement occurs, convincing a judge to modify the amount paid, or
• one of you dies.
As with most issues in your divorce, you and your spouse can agree to the amount and length of time alimony will be paid. But if you can’t agree, a court will set the terms for you. Unfortunately, having a court make the decision means there will be a trial, and that can cost you a lot of time and money.
If you expect to pay alimony
The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you, but for reasons you didn’t anticipate didn’t. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good.
If you expect to receive alimony
The question of whether you qualify for alimony is usually resolved by looking at your capacity to earn which is not necessarily what you are earning at the time you go to court how much your spouse earns and your standard of living during the marriage. You might also be required to make some changes in your life and work. For example, if you have a part-time job that doesn’t pay well, you may be required to attempt to find full-time employment in a better-paid field. Experts called “vocational evaluators” are sometimes hired to report to the court on the job prospects for a spouse who hasn’t been fully employed for a while. The evaluator will administer vocational tests and then shop your credentials with potential employers in order to estimate how much income you could earn.
The person paying alimony should keep:
• a list showing each payment (date, check number, and address to which the check was sent)
• the originals of checks used for payments (keep in a safe place, such as a safe deposit box) — be sure to note on each check the month for which the support is being paid, and
• if you pay in cash, receipts for each payment, signed by the recipient.
Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records.
The spouse receiving support should make a list that shows each payment received. Include the following information:
• date payment was received
• amount received
• check number or other identifying information (for example, the number of the money order)
• account number on which any check is written
• name of bank on which check is drawn or money order issued
• a photocopy of the check or money order, and
• a copy of any signed receipt you give for cash payments.
How are Property and Debts Divided in a Divorce?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture. The court can give one spouse more property than the other spouse if the court has a good reason to do so.
Division Of Marital Property In Divorce
In general, all property owned by either spouse is marital property. It can be property one of you got before or after you were married. It includes all kinds of property: personal property, homes and land, bank accounts, retirement accounts, etc. After the divorce is filed, things you or your spouse buy are not considered marital property. The court can consider many factors when making this decision, including:
• The contribution of each spouse to the property.
• Whether one spouse got the property before the marriage or by inheritance or gift.
• The economic circumstances of each spouse at the time of the divorce.
• Whether the spouse who is getting custody of the children should stay in the marital home.
• The conduct of the parties related to the property (for example, has one spouse destroyed or wasted property).
• The earnings or earnings ability of each of the parties.
Equitable Distribution Mean
Equitable distribution means fairly divided. When marital property is distributed equitably, it is divided between the two spouses as fairly as the court thinks is possible. Although this does not guarantee that the court will decide the property should be divided equally (50-50), this is usually what happens.
Separate property is property that one of the spouses owned before the marriage. For example, a bicycle that the wife had owned since before her marriage would be considered separate property. Any inheritance one spouse gets, even during marriage, is separate property. So are personal gifts (unless they came from the other spouse) and payments for personal injuries.
Woman Divorce Lawyer
When you need a Woman Divorce Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506