Stay At Home Moms

Posted on Tuesday, April 3rd, 2012 at 5:02 am

Stay at Home Moms and Divorce – Knowing Your Rights

You’re a stay at home mom, unemployed, and you are anticipating divorce. You are probably facing a considerable amount of stress simultaneously dealing with marital problems, caring for your children, and trying to figure out how you are going to be able to support yourself and your children after the divorce. You may be worried that you will get very little out of the divorce, leaving you with few options. You should know, however, that you have certain rights to property and assets under state law that your husband can not take away from you.

As soon as you know that you will be getting a divorce, consider contacting a divorce lawyer immediately. A divorce lawyer can help you fight for your right to property and assets, child custody, and child support. Ensuring that you get a fair divorce deal is crucial to helping you and your children adjust to a new home life.

Your Rights During the Divorce

Under Texas law, all property acquired by either spouse during the marriage is generally considered jointly owned property.

When going through the divorce it is important to know the following:
It is illegal for one spouse to hide jointly owned assets from the other during a divorce. All jointly owned property is subject to equitable property division.
Your husband cannot ask you to leave your home during the divorce if the home was purchased during your marriage. You and your children have a legal right to stay there during the divorce.
If your home situation worsens, contact your lawyer. If your husband behaves in any way that is considered a danger to you or your children, you can have a restraining order issued against him.
You do not have to talk to your husband about the divorce proceeding outside of meetings with your lawyers, and it is often recommended that you don’t.
You have a right to legal representation to protect the interests of you and your children. A good divorce lawyer is likely your best option for securing a fair and equitable divorce.

Life After Divorce

Your life will likely be drastically different after the divorce, but this doesn’t mean that you will be immediately required to support your family on your own. A lawyer can help you fight for child custody, occupancy of your home, child support, equitable property division, and alimony. Alimony is a payment made from one spouse to the other to help a spouse adjust to life after divorce, which may include money for continuing education or money to support your family while you find a job.

For More Information

As a stay at home mom, you should know that you have several legal options open to you during a divorce. While facing a divorce may seem daunting, a good divorce lawyer can fight to help you secure the funds you need to support yourself and your children. Don’t let yourself be talked into a divorce deal that puts you or your children at a disadvantage.

For more information on your protecting your rights and securing a stable future for you and your children, please visit the website of compassionate, experienced Austin divorce lawyers Slater Kennon & Jameson, LLP here.

Joseph Devine

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