Legal Rights You Need to Know Before Hiring a Divorce Lawyer

As a divorce attorney, I Navdeep Dhindsa often sees clients enter the legal process without fully understanding their rights. Divorce can be overwhelming. Thus, knowing your legal rights before hiring a divorce lawyer in Brampton can empower you to make knowledgeable decisions. 

Whether you are considering divorce or have already started the process, knowing your rights will help you guide this challenging time confidently. In this blog, I will trace the key legal rights you should know before hiring me as your divorce attorney, including rights related to property division, child custody, alimony, and more.

1. Right to Marital Property Division

One of the biggest concerns during a divorce is the division of marital assets. Understanding your rights regarding property division is crucial:

• Community Property vs. Equitable Distribution: 

Depending on your state, marital assets may be divided equally (community property states) or fairly but not necessarily equally (fair distribution states).

• Separate vs. Marital Property: 

Assets acquired during the marriage are typically considered marital property. At the same time, assets owned before marriage or received as gifts/inheritances may be considered separate property.

• Hidden Assets: 

You have the right to full financial disclosure. If your spouse is hiding assets, I, as your divorce lawyer in Brampton, can take legal action to find them.

2. Right to Spousal Support (Alimony)

Spousal support, or alimony, is designed to help a lower-earning spouse maintain financial stability after divorce. Your rights regarding alimony depend on factors such as:

• Length of the marriage

• Financial need and earning potential of both spouses

• Standard of living during the marriage

• Contributions to the marriage, such as homemaking or supporting the spouse's career

Understanding whether you are entitled to receive or required to pay alimony will help you prepare for financial negotiations.

3. Right to Child Custody and Support

If you have children, custody and support will be a central issue in your divorce. Your rights as a parent include:

• Custody Rights: 

Courts determine custody based on the child's best interests. Depending on your circumstances, you may have the right to joint or sole custody.

• Parenting Time (Visitation):

 Even if you do not have primary custody, you can maintain a relationship with your child through visitation agreements.

• Child Support:

Both parents are legally required to support their children. The amount of support depends on income, the child's requirements, and custody arrangements.

4. Right to a Fair Divorce Process

You have the right to a fair and just divorce process, including:

• Legal Representation: 

You can hire me as your divorce lawyer in Brampton to advocate for your best interests.

• Mediation and Negotiation: 

You can select mediation to resolve disputes amicably instead of going to court.

• Court Hearings: 

If negotiations fail, you can present your case in court and have a judge decide based on the law.

5. Right to Safety and Protection

If you are in an abusive marriage, your safety is the top priority. You have the right to:

• File for a Restraining Order: 

If you fear for your safety, a court can issue a protective order against your spouse.

• Exclusive Use of the Marital Home: 

In cases of domestic violence, you may be granted exclusive residence in your home while the divorce is pending.

• Emergency Custody Orders: 

If your child is at risk, you can seek emergency custody to protect them from harm.

6. Right to Maintain Your Privacy

Divorce is emotionally challenging, and privacy concerns often arise. You have rights regarding:

• Confidentiality with Your Lawyer: 

Everything you discuss with me is protected by attorney-client privilege. As one of the top divorce lawyers in Brampton, I maintain complete confidentiality.

• Sealing Divorce Records: 

Sometimes, you can request that divorce records be sealed to protect sensitive information.

• Protection from Harassment: 

If your spouse is harassing you during the process, undertaking legal measures can prevent further contact.

7. Right to Modify Divorce Agreements

Life changes, and so can your divorce agreement. You have the right to:

• Modify Child Custody and Support Orders: 

If circumstances change, such as relocation or a change in income, you can request modifications.

• Modify Alimony Agreements: 

If you or your ex-spouse's financial situation changes greatly, you may seek an adjustment to alimony payments.

How a Divorce Lawyer Can Help You Protect Your Rights?

Hiring one of the divorce lawyers in Brampton is essential to safeguard your rights. As a professional divorce attorney, I help my clients by:

• Providing Legal Advice: 

I explain your rights and legal options in clear, simple terms.

• Negotiating Favorable Settlements: 

I work to achieve equitable agreements on property division, custody, and alimony.

• Representing You in Court: 

If litigation is necessary, I fight for your best interests before a judge.

• Ensuring Legal Compliance:

 I ensure proper filing of all legal documents and meeting deadlines to avoid delays.

Final Thoughts

Understanding your legal rights before hiring a divorce lawyer is the first step toward securing a fair outcome. Divorce is a complex process, but with the right knowledge and legal support, you can protect yourself, your children, and your financial future.

If you are considering divorce or have questions about your rights, contact me for a consultation. I am here to guide you through the legal process at Dhindsa Law, the reputed best divorce lawyer brampton, and advocate for your best interests every step of the way.