Divorce is an unfortunate but common outcome of many marriages, with around half of unions resulting in eventual separation. The state of Maryland sits in the middle of the pack in terms of divorce frequency, with many couples in the state facing this challenging event.
For men, the process of divorce can be especially difficult, as men’s rights can be both less commonly considered and less robust than women’s in a family court setting.
However, a man has numerous rights that can improve the outcomes of a divorce if he understands how to utilize them.
This blog covers the issues of child custody, alimony, and asset division, offering practical advice on how men can effectively navigate these challenges and the attitudes and tendencies of the courts.
Men’s Rights for Asset Division
A divorce can prompt one or both parties to change how their assets are held and by whom. Men have the right to:
- Be treated fairly when determining how assets are divided
- Submit comprehensive evidence of their non-marital assets, which are not eligible for reallocation
- Retain assets such as their home or vehicle, even if they do not have custody of children, if doing so is equitable
- Choose new beneficiaries for their financial accounts after divorce
- Maintain more of their assets, including retirement accounts, to support their needs if they face increased financial challenges due to disability, illness, or other factors
- Forfeit assets in order to keep the items or accounts that they value, such as retirement and pension funds
The court will consider numerous factors when determining how assets are divided. Men should not be inherently vulnerable to losing their assets to their partner, and a skilled family law or men’s rights attorney can fight for fair treatment during court proceedings.
Men’s Rights for Alimony Payments
As with asset division, men also have the right to receive alimony payments. While the prevailing impression is that men must always pay alimony to their divorced partner, alimony is assigned based on several factors, such as how to maintain a partner’s standard of living, the person’s financial needs, and more.
Men have the right to:
Receive sufficient financial support from their partner, whether male or female, to maintain the standard of living they became accustomed to during the marriage- Avoid being bound to an alimony agreement if they do not have the financial means to pay and keep themselves solvent simultaneously
- Demonstrate their own financial needs in a fair and comprehensive manner for consideration by the court
Men’s Rights for Child Custody
Child custody is often one of the most arduous elements of a divorce. Men are at an inherent disadvantage in many custody cases because the mother is always presumed to be the legal parent, but the father may need additional paternity proof in order to be considered for custody.
Men have the right to:
- Receive partial or full custody of one or more children based on unbiased factors such as the child’s best interest, the child’s choice (depending on age), and their ability to fulfill parental responsibilities
- Appeal a custody determination that they believe was reached in error
- Contest the other partner’s custodial behavior if they are not abiding by the terms of the custody or visitation arrangements
- Seek full custody if the other parent is not fulfilling their parental duties
- Receive child support payments if they are financially eligible
- Provide robust evidence of their experience performing parental duties and have this evidence fairly considered by the court
Men’s Rights for Paternity Declaration
In some cases, men’s rights during custody determinations may be limited by their proof of paternity. A mother may not be willing to sign an affidavit of paternity, or the father may not be on the birth certificate. In these situations, fathers must declare their paternity in order to be eligible for custody and child support.
Men have the right to:
- Petition the court for approval of an affidavit of paternity in the event the other spouse does not comply
- Perform a DNA paternity test
- Provide evidence of their paternal status, such as adoption paperwork
Seek Legal Guidance to Defend Your Rights
Divorce can create many challenges for men, and those who do not fully understand their rights are more likely to experience unfair treatment or less favorable outcomes.
The experienced team at Milstein Siegel helps defend mens’ rights in family court, whether the issue is asset division, child support, custody, alimony, or something else. Contact Milstein Siegel to schedule a consultation.
