What Are a Man's Rights when Getting Divorced?
As a man contemplating divorce or starting divorce proceedings, you might wonder about your legal rights throughout the process. Divorce is handled in state courts, and the divorce laws are slightly different from state-to-state, but the overall process is similar, according to the Family Law Section of the American Bar Association's website. Your rights impact custody of any children you have with your wife, property and other money issues such as child support.
In a divorce, men and women are extended equal rights. Decisions are made with a gender neutral approach. Men and women legally have equal opportunity in financial, asset division and custody decisions. Before the 1970s, women were given preferential treatment for some divorce aspects, such as child custody decisions. Thanks to court rulings since then, both parties are now given equal treatment.
A man's rights in divorce cases begin the moment proceedings start. If he is the defendant, he must be notified of the case. If he starts the case, he has rights from the time he files for divorce with the court clerk. The rights are extended after the case ends. A man has the right to seek enforcement of the divorce ruling. For example, if the judge awards the husband alimony, he can seek remedy if it isn't paid.
The primary misconception of men's rights in divorce proceedings is that the slant to women being granted child custody and alimony still exists. Legally, men and women are equals in divorce cases. Some people still view the mother as the primary caretaker and assume she automatically gets custody. In reality, judges grant custody to the parent best able to take care of the children.
Men have the right to self-representation throughout the proceedings or to obtain a lawyer. Should men chose to represent themselves, all the necessary documents are available from the court clerk in that area. If he decides to obtain a lawyer, an attorney specializing in divorce in his state of residence is recommended. His wife also has the same rights. If she hires an attorney, she'll have the advantage of expert help.
American Bar Association: Section of Family Law
In a divorce, men and women are extended equal rights. Decisions are made with a gender neutral approach. Men and women legally have equal opportunity in financial, asset division and custody decisions. Before the 1970s, women were given preferential treatment for some divorce aspects, such as child custody decisions. Thanks to court rulings since then, both parties are now given equal treatment.
A man's rights in divorce cases begin the moment proceedings start. If he is the defendant, he must be notified of the case. If he starts the case, he has rights from the time he files for divorce with the court clerk. The rights are extended after the case ends. A man has the right to seek enforcement of the divorce ruling. For example, if the judge awards the husband alimony, he can seek remedy if it isn't paid.
The primary misconception of men's rights in divorce proceedings is that the slant to women being granted child custody and alimony still exists. Legally, men and women are equals in divorce cases. Some people still view the mother as the primary caretaker and assume she automatically gets custody. In reality, judges grant custody to the parent best able to take care of the children.
Men have the right to self-representation throughout the proceedings or to obtain a lawyer. Should men chose to represent themselves, all the necessary documents are available from the court clerk in that area. If he decides to obtain a lawyer, an attorney specializing in divorce in his state of residence is recommended. His wife also has the same rights. If she hires an attorney, she'll have the advantage of expert help.
American Bar Association: Section of Family Law
Published by Kristine Brite
I retired from the rat race early, I'm a 26-year-old college grad working from home and hoping to always work from home! I love telecommuting. View profile
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