In the realm of divorce and family law in the United States, historical biases have put men at a perceived disadvantage. Given a man’s traditional role as the primary earner, it was common for family courts to mandate alimony payments from the man to his spouse post-divorce.
Additionally, due to the prevailing notion that men spent more time working outside the home, family court judges once favored mothers as the primary custodians of children.
Fortunately, these outdated perceptions have been challenged and are no longer as influential. Nonetheless, courts may still issue orders based on these stereotypes.
If you are a man facing a divorce, you need a divorce attorney who makes it their goal to ensure men receive just and equitable treatment from the family courts in your state.
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Is My Wife Automatically Entitled to Half?
The allocation of marital assets during a divorce is contingent upon state-specific laws. Many states have an equitable division of assets, signifying a fair apportionment rather than a strict 50/50 split. Consequently, in these states, the other spouse doesn’t automatically receive half of the marital property.
Couples may either reach a mutual agreement on asset division or engage the services of legal professionals such as divorce lawyers or mediators to facilitate a marital settlement.
Those who cannot resolve property matters outside family court may resort to legal proceedings with an arbitrator or judge presiding.
In most states, a family court judge will take into account various factors when determining an equitable division of property, including:
- The financial circumstances of each spouse
- The feasibility of awarding the marital residence or residency rights to the custodial parent (if the couple has children)
- The assigned value of the property for each party
- Any depletion of individual property due to marital reasons
- Changes in the value of individual property during the marriage
Neither spouse automatically gets half of the couple’s assets in a divorce. It depends on the laws of their state, if the couple signed a prenuptial agreement, and many other factors.
The best way to determine what you might receive in property and assets in your divorce is to meet with an experienced divorce lawyer in your area as soon as possible.
Does the Marriage Duration Impact Divorce Settlement?
When navigating the legal intricacies of divorce proceedings, the duration of the marriage may influence the court’s perspective on your case. While not a blanket determinant, it can bear weight on specific aspects of family law, including alimony.
Alimony, or spousal maintenance, entails a court directive for one spouse to provide financial support to the other. In most states, either party may petition for spousal maintenance during divorce proceedings.
Its objective is to maintain both spouses’ post-divorce quality of life in a manner akin to the marriage. For instance, if one spouse was financially supported while caring for children, they may receive alimony and child support to sustain their established standard of living.
Alimony orders may extend until the recipient gains financial independence through training or experience. Conversely, some awards may continue indefinitely, or until modified by court order.
The length of marriage often figures into alimony determinations. Coupled with economic status, age, and living standards, it plays a pivotal role in deciding if and for how long alimony should last. Essentially, it reflects the duration one spouse has been accustomed to a particular quality of life or financial status.
The duration of the marriage often also influences the calculus for the duration of alimony awards. Typically, if a spouse qualifies for alimony, the court may order payments for approximately one-third of the marriage’s total length.
In a 20-year marriage, payments may extend for about half of that duration. After 30 years, a family court judge is more likely to consider permanent alimony. However, the final decision rests with the judge overseeing the case.
Should a Man Choose a Male or Female Divorce Attorney?
The gender of your chosen divorce attorney likely won’t carry weight with a judge nor impact their competence or dedication to securing a favorable marital settlement for you. Your comfort level in working with a family law lawyer, regardless of gender, is important.
From a client’s standpoint, individuals may communicate better with either gender. Some clients seek a seasoned attorney who provides firm guidance and ensures they stay on the right path. They value an attorney who embodies authority and isn’t hesitant to offer constructive criticism.
Conversely, some prefer a divorce lawyer who empathizes with their situation and can relate to their experiences. They may not seek an attorney who adopts an assertive approach.
While some assume that men are more assertive and women are more empathetic in divorce law, this isn’t always the case. The distinguishing factor lies in individual personality, not gender.
Consequently, the gender of your lawyer should have no bearing on your case. What matters is your rapport with them and your confidence in their abilities to do the job for you.
Contact a Divorce Attorney for Men Today
Whether your spouse has already filed for divorce or you have just begun to think about the possibility of a separation, contacting a divorce attorney for men right away is in your best interest.
As soon as you hire an attorney to be by your side through this often confusing, demanding, and emotional process, you have an advocate who will fiercely protect your rights. They can explain what protections and rights you have as a husband and father in your state. Whenever possible, they can help settle your divorce outside of court to help save you time and money.
Seek a legal consultation today if divorce is in your future.
