Divorce Rights: What Men Need to Know

• Men have the same rights in child custody cases as women, including an equal claim for time with their children. 

• It is important to understand the division of assets during a divorce so men can protect their rights. 

• Seeking professional advice from an attorney or financial expert is a wise move for divorcing men. 

• Finding legal representation that understands the needs of men can be invaluable in protecting their rights during divorce proceedings. 

Going through a divorce is an emotional roller coaster for everyone involved. The process can be even more complicated and overwhelming for men since the laws tend to favor women in many cases. That doesn’t mean you have no rights—far from it! Here are some ways a man can protect his rights during a divorce.

Understand Your Rights in Child Custody Cases

Child custody cases are some of the most emotionally charged proceedings during a divorce. If you and your spouse are battling over who gets to keep the kids, it’s important to understand your rights as a father. In most states, both parents have an equal claim to custody of their children, and it’s up to the judge to decide which parent will get primary custody.

Fathers can win primary custody if they prove they are better suited for the position than their ex-spouse. But even if you don’t get primary custody, you still have rights as a father. This includes visitation rights and a say in major decisions about your child’s future (such as school selection).

Here are your rights to consider during a child custody case:

Equal Claim to Custody of Children

Even if you are not granted primary custody of the children, you still have an equal claim to time with them. You can ask for joint custody or visitation rights to ensure you get adequate time with your children. You still have the right to make decisions for your children, such as medical care.

Right to Visitation and Contact with Children

You will be entitled to reasonable visitation and contact with your children. This can be in person, by phone, or through a virtual platform such as Skype or Zoom. This also includes the right to spend holidays and special occasions with your children.

Right for Joint Legal or Physical Custodial Arrangements

In many cases, joint legal or physical custodial arrangements are possible. This means that you and your ex-spouse will share the responsibility of parenting your children. In this arrangement, you can decide where they should go to school, see a doctor, etc., while they still spend equal time in both households.

A girl embracing and kissing her father outdoors

Know Your Financial Rights

Divorcing couples must also divide their financial assets during proceedings. If you’re going through a divorce with substantial assets (such as investments or real estate), ensure you understand what you’re entitled to under state law before entering negotiations with your spouse. This includes everything from alimony payments and pensions to debts accrued throughout the marriage.

Here are ways to ensure that your financial interest is protected during a divorce:

Understand the Division of Assets

In most states, marital assets are divided equitably between both parties at the time of the divorce. This means that you and your partner both get a percentage of what was acquired during the marriage. Understanding how these assets are divided is important before you enter any negotiations with your spouse.

Seek Professional Advice

It’s wise to seek professional advice from an attorney or financial expert when going through a divorce. This way, you can ensure that your interests and rights are protected throughout the process. They will be able to walk you through any potential legal issues and advise on the best course of action for your situation.

Find Representation

Speaking of attorneys, men going through divorces must find legal representation who understands their needs and goals. A good lawyer can provide invaluable advice throughout the divorce process—from negotiating child support arrangements with your ex-spouse or deciding how best to divide complex financial assets like stocks and bonds. Someone knowledgeable makes all the difference in protecting your rights during divorce proceedings.

A man talking to lawyer in an office

A divorce attorney for men can provide legal representation and advice, specifically to men, on what is needed during divorce proceedings. This ensures you are well-equipped to navigate any potential disputes or complications that could arise throughout the divorce process. Your lawyer can also provide guidance on child custody laws and other relevant matters.

The bottom line is that men have just as many rights during a divorce as women do. Understanding your rights is important so you can make well-informed decisions that protect your interests throughout the process. Knowing the law, finding legal representation, and seeking professional advice are all key ways to protect your rights during a divorce.

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