The legal challenges women face during divorce

 

 

Getting divorced was one of the hardest things I’ve ever faced, but on the upside it helped me to find my voice and know how to use it. After going through the brutal years-long process of getting divorced, losing my right to work in the United States and having to find work as an undocumented outsider, (essentially a dark night of the soul without health insurance, savings or family support) I became more confident, more articulate and strategic in my communications.

After all, divorce can be a difficult and emotional process for anyone, but women face unique legal challenges during this time. After all, we are already at a disadvantage with unconscious bias against women to name just name one aspect. There are other legal challenges that women face during divorce, too.

Property division

One of the most significant challenges that women may face during divorce is the division of property. This includes the division of assets such as real estate, investments, and personal property, as well as debts and liabilities. In some cases, women may have been financially dependent on their spouses during the marriage and may have limited knowledge or experience with financial matters. This can make it difficult for them to negotiate a fair division of property. Additionally, in some states, courts may have a bias towards awarding more property to the breadwinner of the marriage, which can put a stay-at-home mother at a disadvantage.

Child custody

Another major legal challenge that women may face during divorce is child custody. This includes deciding who will have physical and legal custody of the children, as well as how parenting time will be divided. In some cases, women may be seen as the primary caregiver for the children, and may be awarded primary custody. However, in other cases, the court may award joint custody, which can be difficult for a mother who is the primary caregiver. Additionally, some mothers may face challenges related to domestic violence or abuse, which can make it difficult for them to secure full custody of their children.

Alimony

Another legal challenge that women may face during divorce is the issue of alimony. This is a payment made by one spouse to the other to help them support themselves financially after the divorce. In some cases, women may have been financially dependent on their spouses during the marriage, and may have limited earning potential or job skills. This can make it difficult for them to support themselves after the divorce, and may make them more likely to seek alimony. However, in some cases, courts may be less likely to award alimony to women, particularly if they are viewed as capable of supporting themselves.

Domestic violence

Women may also face challenges related to domestic violence or abuse during divorce. This can include physical, emotional, or financial abuse, and can make it difficult for a woman to feel safe and secure during the divorce process. Additionally, some women may face challenges related to restraining orders or other legal protections, which can make it difficult for them to protect themselves and their children during the divorce process.

Discrimination in legal system

Women may also face discrimination in the legal system during divorce. This can include bias from judges, lawyers, or other court officials, as well as discrimination based on factors such as race, ethnicity, or sexual orientation. Additionally, women may face challenges related to access to legal resources, such as lawyers or legal aid, which can make it difficult for them to protect their rights and interests during the divorce process.

All in all, divorce can be a difficult and emotional process for women, and they may face unique legal challenges during this time. It is important for women to seek legal advice and representation to help them navigate these challenges and protect their rights during the divorce process. Additionally, they should be aware of their rights and options, and be prepared to advocate for themselves during the divorce process.

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