Misconceptions About Men And Divorce

Divorce is never easy. For anyone who has to go through the process, it will likely be one of the hardest things they have ever experienced. While divorce will leave anyone uncertain about their future, men sometimes feel as though they have even more to lose during the process. This is often due to the fact that men apply historic trends to the modern process, leaving men feeling as though they will lose everything.

Fortunately, that is never the case. Regardless of a person’s gender, both parties have rights when they are ending their marriage. Our Orlando fathers’ rights lawyer will make sure yours are upheld.

Alimony Issues 

Alimony is a common issue in many divorce cases. Alimony refers to payments made by one spouse to the other during or after the divorce process. Historically, it was typically men who paid alimony to women because wives often stayed home to raise the children and so, they did not earn an income. Alimony ensured women could support themselves during and after the divorce.

Clearly, women do not always stay home today to care for the children and maintain the household. As such, there is no guarantee that they will be awarded alimony. If alimony is appropriate in a divorce case, a judge will take many factors into consideration when awarding it. These include the length of the marriage, the need one spouse has for alimony, and the ability the other has to pay it. Gender is never a factor taken into consideration.

Time Sharing and Parental Responsibility 

Like alimony, primary child custody was once usually awarded to women during a divorce case. This too, was because it was usually the wife who stayed home to raise the children and so, women were already considered the primary caregiver. Today, the term ‘child custody’ has been replaced in the Florida Statutes with ‘time sharing’ and with that change has also come an emphasis on a child spending time with both parents equally.

There are many factors a judge will take into consideration when awarding time sharing and parental responsibility but again, gender is not one of them. In fact, Florida family law judges are prohibited from considering a parent’s gender when awarding time sharing. There are 19 factors in total a judge will consider and they all pertain to what is in the child’s best interests, giving both parents an equal opportunity of success in these cases.

Property Division 

Property division is often a contentious issue during divorce. A woman may argue that certain property has sentimental value to her, and make an impassioned plea for it. For men, this argument can seem very difficult to refute. Fortunately, the courts will not consider the sentimental value of assets during property division hearings. Under Florida’s equitable distribution laws, the court can only consider what is fair and will divide property accordingly.

Call Our Fathers’ Rights Lawyer in Orlando Today 

If you are a man going through a divorce, it is natural to worry that you will lose everything during the process. At Anderson & Ferrin, P.A., our Orlando fathers’ rights lawyer will make sure that your rights are always upheld so you can obtain the best possible outcome in your case. Call us now at 407-412-7041 or contact us online to schedule a free consultation and to learn more about how we can help.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html