As a man contemplating divorce, you likely wonder what rights you possess in this type of legal proceeding. Although some minor variations exist from one state to another, the laws pertaining to divorce and the rights of a man in that type of case largely are the same no matter where you live in the United States, according to the American Bar Association Section of Family Law.
Function
The function of a man's rights in divorce is to ensure that both parties enjoy a level playing field regardless of gender, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Gender neutral decisions are made by a court in divorce proceedings. A man's right to gender neutrality extends to all elements of a divorce case, from division of property to custody of children.
History
Before the 1970s, women experienced a gender preference in some aspects of divorce proceedings, a presumption that negatively impacted the rights of men. For example, a woman received preferential treatment in seeking custody of her children because of her sex. In addition, alimony was more freely awarded to a woman in a divorce case because of her sex. Through the end of the 1970s and into the 1980s, these types of gender preferences that impeded a man's divorce rights receded.
Misconceptions
A recurring misconception associated with a man's rights in divorce cases is that the statutory and judicial preference in favor of a woman in regard to child custody issues exists today. The misplaced presumption is based on the theory that courts believe that a mother needs to be the primary caretaker of a child. With majority of families being headed by two working parents, the presumption that a mother is the primary caretaker of a child no longer is a reality.
Time Frame
A man's rights in a divorce case attach the moment such a proceeding commences. For example, if he is the defendant or respondent--the person being sued for divorce--he possesses the right to notice about the proceeding and the right to be heard and present his side of the case. Moreover, his rights extend beyond the issuance of a divorce decree. He maintains the right to protect his interests by seeking enforcement of the decree of divorce.
Expert Representation
A fundamental right of a man in a divorce case is to elect to represent himself or to obtain legal counsel. Court clerks maintain a selection of forms needed by a man to pursue a divorce case. On the other hand, state and local bar associations maintain directories if lawyers in different practice areas, including family law. Contact information for these organizations is available through the American Bar Association.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Handbook of Divorce and Relationship Dissolution"; Mark A. Fine & John H. Harvey; 2005
