The Legal Rights of Parties in a Divorce
May 27, 2020
Divorce is painful, but the laws are designed to make it fair. People who go through a bitter divorce or who struggle financially after their marriage has been dissolved often complain that the divorce courts are unfair to them. For example, they might feel that it is unfair they have to pay so much child support while their ex, who has remarried, spends so much more time with the children and has so much decision-making power over them. You are entitled to certain rights during and after your divorce. If your divorce is truly unfair, the family law attorneys at Iwanyshyn & Associates can help you correct the injustice.
You Have the Right to Alimony While Your Divorce Is Pending
To receive alimony after a divorce, you must prove that you have a legitimate need for it and that your ex-spouse can pay it. After a divorce, you and your ex-spouse are separate, legally as well as financially, so alimony is a last resort and usually only lasts a few years. Until your divorce is final, though, both spouses are legally responsible for their marital property. Therefore, the court orders alimony pendente lite (APL), which means that the higher-income spouse must pay the financially disadvantaged spouse a set amount that is determined by a formula to assist them in pursuing the divorce After it is final, the court may or may not order more alimony depending on needs and the ability to pay.
You Have the Right to a Relationship with Your Children
When a couple with minor children gets a divorce, the court must consider the children’s best interests. Safety, stability and an ongoing relationship with both parents are high priorities. The court will approve a parenting plan setting a schedule for when the children are with which parent. If your ex-spouse wants to move out of state with the children, they must notify you, and if you object, the court will decide whether your ex can move. If the court approves the move, it will issue a new parenting plan with details about when you will see the children and who will transport them.
You Have the Right to Child Support Payments
Children, not ex-spouses, are the beneficiaries of child support payments. The formula for calculating child support payments is complex, but its goal is to ensure that the children have the same standard of living at both parents’ houses.
Iwanyshyn & Associates Stands Up for Your Rights During a Divorce
Your spouse does not have the right to make you and your children suffer financially during a divorce. Contact Iwanyshyn & Associates in Pittsburgh about divorce cases.