Lawyer Answers

Martins & Associates

CO-dunni Law Solicitors

Grupo Devoument Abogados
1. Property Entitlement
Whether or not you're entitled to your husband’s property during divorce depends on a few factors:
Joint Property
Any property acquired during the marriage and jointly owned or contributed to by both spouses is typically subject to equitable distribution.
This includes property purchased together or where you contributed (even indirectly, like through homemaking).
Separate Property
Property owned before the marriage or acquired through inheritance or gifts to one spouse is usually considered separate and may not be shared.
However, if you contributed to improving that property or it was used for family benefit, you might have a claim.
Proving Contribution
Courts often consider both financial and non-financial contributions (e.g., child care, household support).
Keep evidence (receipts, records, witnesses) showing your contributions.
2. Child Custody
Child custody is not automatically granted to either parent. Courts decide based on the best interest of the child. Here are some things the court considers:
Factors Considered:
Welfare and best interest of the child
Each parent's ability to provide for the child (housing, schooling, emotional care)
Age of the children (younger children are often placed with the mother unless circumstances suggest otherwise)
Stability and continuity
Relationship with the child
Custody Types:
Physical Custody: Who the child lives with
Legal Custody: Who makes major decisions (education, religion, health)
Usually, the court aims for shared responsibility, but it can give full custody to one parent with visitation rights for the other.
3. What You Should Do:
Gather documents – Marriage certificate, property records, proof of contributions, child-related documents.
Stay involved – Attend all court hearings and follow legal procedures.
Child welfare – Show that you're able and willing to provide a stable environment for your children.
If you tell me what country you're in, I can provide more specific legal information based on your local laws.
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