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Divorce rights vary from state to state. The bill of rights protects our legal rights, and these will work out during the proceedings of the divorce. We all hold the right not to be tortured mentally and physically.

We also possess the right to use the system of court if needed. Protection of legal rights is all about you should or should not do. Some of the rights you possess are given below.

Home protection:

Often, we find couples to buy a house together and agree on being joint tenants. In this case, neither of you will be able to sell the house without having consent from each other. It is better if you consult your family lawyer on this matter.

If you both agree to sell the house, then, the profits will be split equally between you two. If you are tenants, then if you die before the divorce, then your part of the property will be given to whomever you mentioned in your will, but if it is not so, then it will go directly to your spouse.

If the property is not anyone of yours, then the owner can sell it without your permission.

Protection of pension: 

When it comes to the dividing of assets, to fix the transfer value, the pensions are calculated.

After the finalization of the divorce, it is seen that you are getting a large amount of pension, then your spouse has the right to claim a specific portion of the pension, until the time he/she is remarrying.

Even in case, if you divorce before a huge payment is made to you, the law is still the same.

Alternatively, you can make a deal with your partner by offering a part of your company or home instead of the pension. This is the only way that you can undertake to avoid sacrificing the pension.

Move-in with children:

You need to understand that, the minor children can never be moved by any one of you, beyond the jurisdiction of the court, at any circumstances.

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Though, some of the states allow that the children can be moved not more than 150 miles, but they must stay within the geographical boundary of the state.

After the divorce is filed, the state, where your children are residing, becomes the "home state", and it will have jurisdiction on the place where the children are residing. Never move with your children without the permission of the court, or you may lose your children's custody.

Never hide your children:

It is necessary that you must not hide minor children from each other. If you are residing with your children, your spouse holds the right to see your children, and you must cooperate with it.

The court will give you either permanent or temporary divorce order, regarding visitation and custody of the children. You can never deny the rights of the other parent from your children. The best-case scenario for everyone is if both parents can learn how to co-parent. It is possible through custody arrangements like Joint custody. It gives an opportunity to have more time for themselves, reducing the stress, which can also make them better parents.

You both share equal love, emotional attachment and affection towards the children. In this case, the court may even file a case on parental alienation, and you may lose custody of your children.

Domestic harassment and violence:

Often, we encounter cases of violence and harassment. Never, fail to protect themselves. You may try filing a protective order if your partner has become violent.

If there exists a restraining order, then it is more likely for law enforcement officials to respond to the harassment or domestic violence calls. Therefore, it is best to stay in a position of getting necessary help faster.

It may also be that you are not able to control your emotions more and you are getting angry, do no harm, harass, or threaten your spouse, or else you may get yourself in trouble.


The list is much longer, and there are still several rights that you must know before filing a divorce. Respect each other's emotional attachments and decisions throughout the process.

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Raise your voice if you feel deprived of your legal rights. But, never disobey the orders of the court. Take the necessary safety measures and hire a wise and efficient lawyer. And in any disobedience, you may lose custody of your possessions.