Divorce Guide

Divorce Guide

Men's Divorce Rights

There was a time men were generally held guilty of the divorce and they had to withstand all the harshness of divorce. They had to shoulder the responsibilities without the rights. But with changing times and social structure the laws have been reformed and now the men's divorce rights are more in practice. It gives the men equality with the fairer sex in the legal battle of divorce. They also enjoy equal rights with that of the women when it comes to distribution of property, debts, spousal support, child custody, child support and visitation rights. Chances that the men who are divorcing are going to lose both financially and emotionally are lesser now. With a clear idea of the men's divorce rights and by presenting their case properly in front of the court they can get what they deserve.

A man’s right in property –

When a couple has opted for legal separation or divorce, the distribution of the property is a matter that needs to be finalized. If the property is a marital property that is if it is purchased during the time of the marriage, it is considered that both the spouses have equal rights on the property and as per the state law for distribution of the property the court orders the division. The property can be divided either as per the community property or as per the equitable property laws. In both the cases, the marital property is divided equally among the spouses and for the separate properties that either of the spouses had before marriage remains with the legal owner.

A man’s right for spousal support –

Though it is a common perception that the man will pay the spousal support to the woman, this law is completely different. As per the law the spouse who earns more will pay the alimony to the other spouse. So, if the husband earns less than the wife, it is the man who will get the alimony that the wife will pay. Therefore, while deciding on the alimony, the court considers gross income of both the spouses. While considering the income of the spouses all the sources of income are taken into consideration such as income from salary, property, stocks, bonds, investments and others. If the man is older than the wife and he is unable to earn or if he is suffering from serious ailments or has some physical disability, the alimony tends to be more.

Custodial rights of the man –

The custody of the child is a concern for all the divorcing parents. Both the spouses want the custody of the children. In this matter as well, men enjoy the same rights as the women. The court can not deny the physical custody of the child to the father of the child simply because he is a man. If the court feels that the man is able to protect the rights of the child and provide a healthy environment for the child, it can confer the man with the custodial rights and even order for a child support to be paid by the other spouse.

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