• Locations
    • Chicago Office 77 W. Wacker Drive, 45th Floor, Chicago, IL 60601
    • Lake Forest Office 100 Saunders Rd., Suite 150 Lake Forest, IL 60045
    • Lisle Office 3333 Warrenville Rd.,Suite 200 Lisle, IL 60532

What Rights Do Mothers Have in Divorce?

A mother sits with her son in a meeting with a Lake Forest divorce attorney.

Who’s right and who’s wrong? That’s a question that is sure to always come up in divorce. However, what about who has what rights? In other words, what rights do parents, particularly mothers’, have in divorce? While many people are under the impression that certain rights are afforded to women more than men in divorce that is not necessarily the case. However, both parties definitely have specific rights and women should know their rights if they are planning to go through divorce.

So what specific mothers’ rights exist in a divorce? Mothers have many rights when they split up with their husbands, or even if they are not married. Let’s take a look at some of those rights:

  • Child custody – while you don’t have the right to prevent your spouse from having parental rights and visitation you do have the right to ask for either sole or joint custody.
  • Spousal & Child support – you also have the right to ask for spousal support and a judge will determine if you should receive maintenance and how much. If you are the custodial parent then you also have the right to ask for child support, which will also be determined by a judge.
  • Property and Debt – You also have the right to receive marital property, as well as a portion of your shared debt, according to the state’s property division laws. That means typically it doesn’t matter whose name is on the property or debt, as long as you obtained it during the marriage, then you will most likely both have claim to it.
  • Parental rights – you also have parental rights unless there is any kind of history of abuse. In that case, you could lose your parental rights. Otherwise, you have the right to be a part of your child’s life whether or not you were ever married to the father.

It’s clear that both mothers’ and father’s have rights when it comes to divorce and paternity. Even if your spouse or the father of your children threatens you and claims that you will have no such rights, that is simply not true.

Unless there are extenuating circumstances involved, like child abuse or domestic violence, or other criminal activity, then just about everyone has rights when it comes to divorce and custody. Make sure you protect your rights in divorce. At the Women’s Divorce & Law Group in Chicago we know what rights women have in divorce and we are prepared to help protect those rights for you. From spousal and child support to child custody and visitation, we can help you maintain your rights. Please contact us today or call us at 312-445-8830.

There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.


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Contact Information

Downtown Chicago/Loop Office
Lake Forest Office
Lisle Office
Lake Forest Office

100 Saunders Rd.
Suite 150

Lake Forest, IL 60045

Lisle Office

3333 Warrenville Rd.
Suite 200

Lisle, IL 60532

Downtown Chicago/Loop Office

77 W. Wacker Drive
45th Floor

Chicago, IL 60601

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