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Contact a Miami Divorce Rights Lawyer
Divorce and Family Law Topics
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Divorce rights involve many aspects of the divorce process and can vary from state to state. Divorce rights primarily involve each party's right to divorce, to property distribution and child custody rights. Divorce rights have changed significantly throughout history and are still in flux today. Divorce rights are often best protected and maximized with the help of a trained professional family law attorney. These experts can help people discover what their Divorce Rights in Miami are based on their specific circumstances and the laws that govern divorce in their state of residence.
Divorce rights used to be based on common law. These laws used to regard wives as the personal property of their husbands. Divorce rights were nil, if not entirely absent, for married women. Under common law, it was very difficult to get divorced. Substantial fault on behalf of one party had to be severe and proven in a court of law or public trial. Divorce rights were usually only granted in cases of severe cruelty, abuse, abandonment or infidelity. When divorce was granted one person was often punished as a result.
Divorce rights have changed significantly since the times of common law. In most states today Divorce Rights in Miami allow individuals to seek some form of a “no-fault divorce.” In these cases fault does not have to be disclosed or proven; Divorce Rights in Miami allow for the dissolution of a marriage based on “irreconcilable differences.” Some states do still have fault statutes, which grant Divorce Rights in Miami in cases of adultery, cruelty, insanity, impotency, substance abuse, abandonment, and attempted murder.
Divorce rights vary by state in regards to the distribution of assets and debt involved in a divorce case. Spouses are free to agree upon the division of assets and debts as they see fit. If an agreement cannot be reached, each state has their own specific Divorce Rights in Miami which protect individuals during a divorce. Some states have “community property” statutes which divide all assets and debts accumulated during a marriage 50/50 in a divorce case. Other states have “equitable distribution” laws that utilize several factors to decide Divorce Rights in Miami in the distribution of property, money and dept accumulated during a marriage.
Divorce rights also cover child custody and support. A parenting plan regarding legal and physical custody can be negotiated and agreed upon by both parents. Mediation through a neutral third party is often the avenue by which these negotiations and agreements are reached. If mediation doesn't work, Divorce Rights in Miami and custody are decided through a court judgment. Other Divorce Rights in Miami related to children involve domestic abuse situations, joint custody, visitation rights, child support allocation, and enforcement of child support payment judgments.
Because the laws governing divorce vary by state and circumstance, it is important to consult a legal professional who can advise you of your Divorce Rights in Miami and options in a divorce case.
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Contact a Miami Divorce Rights Lawyer
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