How To Deal With Disability During Divorce

Question

I have a question about disability during divorce. What would happen if I got divorced or separated even though I have a disability? What are my rights? I am a disabled mom of one, and a wife. My stroke happened back in 2007 and now I make up for what I couldn’t do back then now I can take care of my daughter who is now 7 years old.

My Situation

I do have a shortness of breathing and I use a walker and I have a power chair and I have a fear of crossing the street that’s from the stroke but when I use my chair I can cross with no problem. My daughter and I get SSI and if I was to get a divorce or separate I wouldn’t have the money to get a lawyer to help me. I am a strong person and I just want to talk to someone I need help I don’t know what to do I don’t want to lose my daughter because of being a disabled. What I’m afraid of is that my husband will talk about the past about my condition and not the present!

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Answer

The court needs to make a determination about your current ability to care for your daughter. The important factors include whether you can take care of her. Do you have a stable home for her? Do you have a close bond with her? Your condition at the time of the stroke may not be relevant to that determination. It could just explain why you are now using a walker. You can expect a court to be very careful to treat you fairly since a parties physical disabilities are not a basis under Utah law to deny you custody. You should ask an attorney to represent you and ask for attorneys fees for your case. If you have questions about what to put in your custody order click on my blog “Custody Order” below.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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