If nothing is specifically listed in a no-fault divorce, what property and other rights willI be giving up?

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If nothing is specifically listed in a no-fault divorce, what property and other rights willI be giving up?

I want to know if I do not claim anything when I sign the no-fault divorce papers am I giving up my rights? Can request to remain beneficiary of his life insurance policy and get part of his pension (when eligible)? Also, if child support and medical expenses aren’t mentioned, will I be giving up my rights to obtain it in the future?

Asked on September 10, 2010 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oh my goodness!  Sign NOTHING until you seek out legal help with all of this.  You need to do all the negotiating in this matter BEFORE you sign the divorce papers or you could indeed be waiving your rights or buying yourself a future lawsuit. Additionally, the court should not let you file anything without at least an agreement as to child support and custody, which are usually mandated by the state.  Each state's laws differ on what you can and can not receive but states generally permit parties to a divorce to bargain their rights and obligations as to some of the issues you mentioned.  You have a right to pensions (generally and under certain conditions), you can request that life insurance be issued for your benefit or for benefit of the children or your benefit for the children.  You can negotiate medical benefits for you and the kids.  Get moving and sign nothing.  Good luck.


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