Some Divorce Facts for Women

If going through the tumultuous process of a divorce isn’t difficult enough, it is common for women to face insecurities related to their financial and emotional well-being and of their children. If they are being tormented by their spouse about the adverse consequences of going through the separation, it becomes harder to face.

Women should have some basic information related to division of marital assets. Although usually the division is equitable, in some cases negotiation in property division matters is allowed. However, in very rare cases the division of marital assets goes beyond the 60/40 ratio.

In a divorce, there are many variables involved and negotiations by attorneys are meant to create a balance between debt and assets. In presence of overwhelming circumstances like a large income disparity between the spouses; mental incapacities or a string of extramarital affairs that led to the divorce, the division is made in a roughly congruent manner. In any case, the division is intended to be fair and justified.

Although an effort is made to ensure that there is fair division of marital assets after divorce, the assets that belong to one party in the marriage may not be included as a part of this division. A spouse’s debts too are not considered as a marital debt and their repayment is not the responsibility of the other spouse.

The most sensitive issue in a divorce is custody arrangement. In case the spouses are not able to come on an agreement on a child’s custody, then it is up to the court to arrive at the best possible solution. The parent who is the primary caregiver of the child is usually considered first. A friend of the court interviews both parents and depending on his findings, he makes a recommendation and then court make the decision in best interest of the child.