While Maryland is ranked in the middle among all 50 states in terms of number of divorces, this life event is still an unfortunately regular occurrence for families throughout Columbia.
Although popular media often portray divorce in a light that favors women, with mothers receiving the bulk of custody and financial boons during the process, fathers also have rights that can help them achieve a fair and equitable outcome during their divorce proceedings.
The value of what every father should know about divorce rights in Columbia can not be understated, from how their finances can be preserved to what they need to do about staying in contact with or even permanently housing their children.
Men Have Financial Divorce Rights
One of the primary elements determined during a divorce is alimony, or payments made from one former spouse to another. Fathers have the right to be justly evaluated in this element, including not only their earning potential but also their quality of life.
Courts will consider who is the higher earner, as well as what financial opportunities will be present for both parties once the divorce has concluded. If the father can demonstrate that he will not be able to maintain a quality of life similar to what he enjoyed when married, the court may rule that the former wife pays alimony to the husband.
Similarly, if the father is disabled or facing another circumstance (such as being a stay-at-home parent) that impacts his ability to secure work following the divorce, the mother may be responsible not only for alimony but also for child support. This will depend on how custody has been arranged. The man in the relationship is not consigned to pay this solely based on gender, but will need to provide sufficient evidence to support their case.
Fathers Have Rights to Custody Determination
As with alimony, fathers may receive child support from the mother depending on the circumstances of the custody arrangement. During a divorce, fathers have the right to petition the court for custody of their children.
If the father is granted primary custody he may petition the court for child support payments from the non-custodial parent.
Custody
Fathers can receive numerous types of custody in part or in full.
- Legal custody refers to the ability to make decisions that affect the child, such as medical care, education, and religious participation.
- Physical custody describes where a child spends their time, and to what extent.
Either parent may receive sole custody in one of these areas, becoming the only determiner, or they may share custody and need to collaborate. In order to support their case, fathers should be prepared to demonstrate what actions they consistently take to properly parent the child.
If historically, the father has been responsible for tasks such as scheduling doctor appointments, delivering the children to extracurriculars, assisting with homework, and shopping for school supplies, they may have a greater likelihood of receiving custody compared to fathers who leave these tasks to the mother. The child’s preferences may also be taken into consideration.
Men Can Retain Some or All of Their Assets
Despite the common misconception that “women take everything in a divorce,” men have the right to a fair and honest evaluation of their finances. Non-marital assets, which were acquired before the marriage, are not eligible for redistribution during divorce. In this way, fathers can shield some of their assets from being split between the parties.
Similarly to alimony, asset division is calculated based on many of the same factors: standard of living, income, disability, and more. In many instances, the parent who is awarded the primary custody of the children is more likely to be awarded the home if ownership of the residence is in question.
Men have the right to keep their assets if the equitable division of finances and possessions determines that awarding these assets to the other spouse is not fair or would result in insolvency or a reduced quality of life for the husband.
In order to successfully mitigate the risks to one’s assets, collect bank statements, investment reports, mortgage documents, and all financial evidence to demonstrate which assets are marital and non-marital property.
Work with a Legal Team for Your Divorce Rights in Columbia
If you are preparing for or engaged in a divorce in Columbia, you may be concerned about your financial future and the possibility of being separated from your children. Fathers have the right to fair and equitable treatment during determinations of financial division, child support, custody, and other factors that impact their long-term outlook.
The legal team at Milstein Siegel assists men with navigating the complexities of divorce. Contact Milstein Siegel to get started today.
