Preparing for and pursuing a divorce requires that you fully understand your rights as a man in this type of proceeding. Although divorce laws and related procedures are not identical in all jurisdictions in the country, the general rights of men in marriage dissolution cases are the same no matter where you reside, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. A man possesses equal rights to a woman in divorce proceedings.
History
Prior to the 1980s and 1990s in jurisdictions across the United States, disparities existed between men's and women's rights in divorce proceedings, according to the American Bar Association Section of Family Law. Beginning during the 1980s and 1990s, the laws in all states began changing to incorporate gender neutrality in regard to all issues in divorce proceedings.
Types
Gender neutrality results in a man possessing equal rights in divorce cases, particularly in two primary areas, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. A man maintains equal rights with a woman in a divorce case in regard to issues involving financial matters, as well as those associated with child custody, visitation or parenting time, and child support.
Misconceptions
A prevalent misconception associated with men's equal rights in divorce is that these interests are not universal, according to Sember. Some people wrongly believe that a mother's rights associated with child-related issues trump those of a father. For example, these individuals operate under the misconception that a mother's rights to custody of a child take precedence over a man's because she is a woman.
Benefits
The underlying benefits of men's equal rights in divorce include allowing a man a better chance to maintain financial stability during and after divorce proceedings. Additionally, these rights permit a man the ability to develop and maintain a meaningful and lasting relationship with his children.
Expert Assistance
Protecting a man's equal rights in divorce proceedings normally is best accomplished by engaging the services of an experienced lawyer. The American Bar Association maintains resources to assist a man in his search for this type of representation. These include contact information for state and local bar organizations, groups that provide consumers with directories of attorneys who practice in the family law arena.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
