What are my rights in a divorce?

If you are facing a divorce or dissolution of marriage, you have rights which are established by law. Your rights include:

1) to receive your 50% share of the equity in the marital home (so long as the home is marital and not purchased with an inheritance or gift to one spouse);

2) to receive 50% of all marital bank accounts, investment accounts;

3) to receive 50% of all marital retirement assets;

4) to share your marital debts 50/50;

5) to be shielded from debts your spouse incurred for their own personal gain or addiction;

6) to be on an equal playing field with your spouse;

7) to be free from harassment, annoyance and interference from the other spouse;

8) to have rights to your children;

9) to know how each parent will be supporting children;

10) the right to your inheritances or gifts given specifically to you during your marriage.


How you get these rights in an enforceable court order is up to an experienced divorce attorney. Even though these rights are clear, there are always exceptions to the rules, grey areas and unique circumstances which require skillful and strategic drafting by a legal professional. For example, division of assets are not apples for apples. Retirement assets are different than real estate. Real Estate is different than liquid cash.


For more information, all 440.930.4001 and ask for Attorney Anthony R. Pecora or email him at apecora@omdplaw.com

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