Protecting Men's Rights In Divorce
The key to protecting men’s rights in divorce is knowing what they are and asserting them without being overly demanding or uncooperative. Whether dealing with division of assets, alimony, child custody or child support, men have the same rights as women under Florida law. However, Cape Coral FL divorce attorney Matthew P. Irwin knows that there is still a great deal of bias towards women where divorce is concerned, forcing men to assert their rights or risk a divorce judgment that favors their former spouse. spouse.
Under Florida law, there should be no assumption that the wife will get the house and kids and the husband will pay alimony and child support. Assets should be divided as equally as possible and custody of the children should be shared. There are, of course, circumstances that may negate the assumption of equality, but in most cases men have the same rights to property and children as women do.
While it’s important to be assertive about men’s rights in divorce, it’s also important to be reasonable and cooperative. Courts tend to believe that people who are unreasonable and demanding during divorce settlement and child custody negotiations are less likely to uphold the final court orders. Courts tend to be biased against such people and frequently decide in favor of the other party when the former spouses cannot come to an agreement.
Men’s Rights in Divorce, What are They?
Division of Property
All property and assets should be divided as equitably as possible. There should be no assumption that the wife gets the house. If she does get it, there should be an adjustment of remaining assets in favor of the husband to offset his share of the house.
Alimony should be need-based and not assumed, being awarded only if one spouse is unable to support their individual household and the other has resources to aid in their support. If the husband is the one at a disadvantage, he has the same rights to alimony from the wife as she would if the situation were reversed. Whenever appropriate, alimony should be temporary and set to expire when the receiving spouse remarries and/or becomes capable of supporting themselves independently.
Child Custody and Child Support
Florida legislature overhauled child custody laws in 2008, mandating shared and equal custody and parenting roles for both parents unless such a situation is not in the child’s best interest. Fathers now have the same rights of women when it comes to spending time with them and supporting them financially. More information on men’s rights in divorce and child custody/support can be found in these articles:
- Father’s Rights in Child Custody
- Father’s Rights in Visitation
- Father’s Rights in a Dependency Action
- Father’s Rights in Child Support
Discuss Men’s Rights in Divorce with a Leading Men’s Rights & Attorney Absolutely Free
Cape Coral divorce attorney Matthew P. Irwin is happy to offer you an initial consultation about your divorce situation absolutely free. Find out what your rights are regarding custody, child support, alimony and property division in divorce and how we can help you protect those rights.
You can arrange for a free consultation regarding men’s rights in divorce on our Free Consults page. Or Call us toll-free today at 866-995-0166.
Still want to learn even more before you call then visit our free resources page where you can find audio downloads and special reports.
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