Understanding The Estranged Wife Rights And Other Legalities

Everyone hopes for a happily ever after relationship when they get married, but this does not happen with everyone. In case of severe fights or compatibility issues, couples slowly become distant.

The state of a certain wife who doesn’t feel the same love as before in a marriage can be depressing. Being an estranged wife can be emotionally and mentally challenging. Knowing all the estranged wife’s rights is vital when dealing with this emotional turmoil. 

This article will discuss some legal estranged wife rights that can help you in case of divorce. Note that the laws concerning divorce can change according to different jurisdictions. It is advised to take the help of a professional lawyer in these matters.

Who is an estranged wife?

Wondering who is considered an estranged wife? If we go by the definition of Merriam-Webster, it says “a wife who no longer lives with her husband.” In simple words, couples who lived together before but now live separate lives.  

Even if you have not lived together for five years now, a spouse is still a spouse until legally divorced. You are entitled to all the rights of a married woman. Consulting a divorce lawyer will help you to get justice.

What are Estranged Wife Rights?

In the following points, we will talk about the possible legal rights an estranged wife has:

Right to divorce

A divorce will lead to a legal ending of a marriage. An estranged wife has the right to proceed with a divorce in the future. An estranged wife can request a restraining order against another person in case of abuse or domestic violence.

Different states govern their divorce grounds. It is crucial to take the help of a divorce lawyer to protect your rights in every way. .

Distribution of properties

An estranged wife has the right to an equitable portion of the properties and assets bought during the marriage. It is one of the essential aspects of a divorce. The assets can include jewelry, properties, real estate, and vehicles.

If the other person doesn’t agree to equal asset distribution, you can file an equitable distribution action in court. You can approach a divorce attorney to help you with a fair settlement. 

Alimony or spousal support

Alimony or spousal support refers to the financial support provided by one partner to the other after divorce. It will help the estranged wife greatly if she cannot support herself financially.

The amount of alimony can depend on different factors:

• The duration of the marriage
• The income of both the partners
• And the living condition of the spouses during the marriage.

It is crucial to consult a lawyer for advice on the financial matter.

Custody of the child

An estranged wife can demand custody of her child when heading for a divorce. The deciding factors of who will get the child’s custody are:

• The relationship of the child with the parents.
• Parents’ standard of living
• Parents care for the child
• And other factors concerning the welfare of the child.

You can discuss the matter of custody arrangements with the other spouse. Consulting a divorce attorney can be beneficial in these matters.

Child support

The noncustodial parent is giving child support to the custodial parent. The child lives mainly with the custodial parent. Your lawyer can help you to understand how the child support system works in your specific condition.

The estranged wife can still visit the house she used to live with her husband

These were some of the rights that an estranged wife could exercise. No one can stop her from meeting her children or visiting the property she shares with her husband. These points will help you to be aware of your legal rights.

How to support estranged wives?

Dissolution of marriage can be a very challenging process. Although estranged wife rights remain, it is still a long battle ahead. But with the help of family and relatives, this process can be made less stressful. 

Here are some points to take care of

1. Try to give her practical assistance, like helping with childcare or cooking.

2. Don’t judge her while she is telling you her problems.

3. Try to be patient and understanding with her.

4. Help her connect with some support groups or encourage her to attend therapy sessions.

5. Motivate her to do activities that bring her joy.

Conclusion 

Not every marriage is a fairy tale; it faces many obstacles. That’s why educating yourself on all the estranged wife’s rights is necessary for a peaceful future. It is important to remember that laws can vary with different jurisdictions, and it is crucial to take legal help in these matters.

By being aware of the surroundings, an estranged wife can effectively exercise all her legal rights.