Family law statutes in all states include specific men's rights in divorce, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. The rights cover all aspects of divorce proceedings. In addition, men's rights in divorce extend to post-divorce matters as well.
History
Prior to the late 1980s and early 1990s, men did not maintain precisely the same rights in divorce proceedings as women, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Women were favored in matters such as child custody and financial issues, particularly alimony. These preferences gave way to gender equality by the latter part of the 1980s.
Types
The types of men's rights in divorce cases include those centering on children: custody, visitation or parenting time and financial support. Other types of rights focus on financial matters: property distribution, debt division and alimony or spousal maintenance.
Potential
The potential for men to obtain property in divorce cases depends upon the standard maintained in a particular state. Some U.S. states use the community property standard. In those states, men are entitled to 50 percent of all marital assets. Most states use the equitable division standard. Men are entitled to a fair share of the assets from the marriage, fair not meaning equal.
Child Custody Standard
Men's divorce rights regarding children are contingent upon the application of the custody standard used in all states. All custody and related decisions must serve the best interests of the children born during the marriage.
Expert Assistance
Protecting men's divorce rights usually necessitates invoking a more generalized right--the ability to obtain legal representation. Divorce law, procedures and rights represent complicated legal matters. An experienced attorney usually is in the best possible position to protect the interests of men in marriage dissolution cases.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- FindLaw: Family Law Center
