How can I protect my rights as a stay-at-home parent during a divorce?

How can I protect my rights as a stay-at-home parent during a divorce?

parent child hugging

In today’s society, an increasing number of couples are opting for a family structure that involves having a stay-at-home parent. Essentially, with this model, one parent sacrifices to give up their career to care for their family. Despite this being a noble sacrifice, divorce for stay-at-home parents brings unique challenges. Nevertheless, being prepared for these challenges can help you protect your future. If you are a stay-at-home parent seeking a divorce, contact a trusted Nassau County Divorce Attorney who can help you prepare for the impending legal process. 

What should stay-at-home parents consider when divorcing?

When dissolving your marriage, there are several divorce routes that you can choose to resolve your disputed issues. As a stay-at-home parent, selecting a divorce path appropriately for your specific circumstances is crucial to protect yourself. In most cases, stay-at-home parents cannot afford attorney fees. This causes individuals to make the rash decision of accepting a lousy divorce settlement with unfavorable terms to save money. However, this is a huge mistake. You can opt for an uncontested divorce, collaborative divorce, or mediation to avoid financially draining yourself.

Moreover, it would be best to understand your family finances to protect your future. Regardless of whether you are the one who handles the household finances, you should gather all financial documents. A clear understanding of your financial circumstances will help you anticipate how much you may be entitled to during property division. It will also help you prevent your spouse from hiding assets to reach an unfair division of marital assets. Additionally, taking inventory of your personal and family possessions is beneficial. This will ensure that your separate property is not subject to equitable distribution. It will also help you remember to address these possessions in court if you want to receive them in the divorce settlement.

Will I qualify for spousal support?

Furthermore, it would be best to consider whether you would qualify for alimony, a court-ordered maintenance payment from one spouse to the other to provide necessary financial support. As a stay-at-home parent, you have a high chance of qualifying for spousal support. This is because this type of maintenance is awarded when one spouse cannot support themselves due to a significant income discrepancy.

Spousal support can provide financial support before, during, and after the divorce. However, even if you qualify, it would be best if you considered your employment opportunities. Since you have likely been out of work for a significant amount of time, it may be harder for you to find a job. If you find yourself in this situation, it may be worth requesting alimony to receive financial support until you can achieve financial independence. This is crucial as you do not want to rely on your former spouse for the rest of your life.

If you are a stay-at-home parent undergoing a divorce, contact a skilled attorney at The Pollack Law Firm, P.C. today, who can guide you through this complex legal process. Our firm is committed to helping our clients protect their futures.

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