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Facts about Men’s Rights in Divorce

It’s true that divorce is complicated, emotional, stressful, and necessary in most cases. With all of the confusion surrounding divorce, it can be easy to get wrapped up in other people’s divorce stories. But to stay organized, balanced, and prepared during a divorce, it’s important to know your rights. Men will often feel as though mediators and judges lean towards the rights of women when it comes to divorce. However, this and other myths can make divorce feel more negative and aggressive than it needs to be. If you’re certain of your rights, you can move forward towards your new life with confidence. Here’s a list of four facts every man should know when it comes to divorce.

Denying The Divorce Is Not An Option

Some people still believe that if your spouse doesn’t want a divorce, they don’t have to give you one. This actually used to be true before the concept of no-fault divorce appeared on the legal scene. Before 1970, it was possible for one spouse to “trap” the other and refuse to sign papers to initiate the divorce. A ruling in California changed that so you can claim a “no-fault” divorce and end the marriage, even if the other spouse doesn’t want to. They can indeed delay the process and make it difficult to move forward, but they can’t completely stop it from happening.

You Won’t Lose Everything If You Committed Adultery

Nowadays, the courts aren’t necessarily willing to judge people’s conduct that they displayed when they were married. It’s more like a dissolution of a company rather than a marriage. It’s more important to make sure there are clear cut terms and conditions on things like alimony payments, separation of possessions, child custody, and other items. Digging up hurt feelings doesn’t help this process, and most divorce attorneys will advise against even bringing it up.

Mom Doesn’t Always Get Full Custody

Most fathers going through a divorce will have significant fears about losing their children. While this may have been true ages ago, the father’s role has completely changed. There are more at-home dads than ever before, and judges and divorce attorneys know this. Terms of your custody will not automatically favor the mother. Most family courts encourage an equal relationship between both parents whenever possible.

You Can’t Lose Visitation Rights Over Minor Issues

Fathers will hear a lot of horror stories about losing custody or visitation rights for things like forgetting a child support payment or being late to pick up the children at school. This is not true. Of course, if you’ve suddenly become violent, started abusing drugs, or completely left the state without notifying the other parent, you could face visitation issues. However, it’s important to remember that common mistakes or minor issues will not result in a loss of visitation. These and other facts can be misconstrued all the time. It’s important to speak with a men’s divorce lawyer in San Antonio, TX, to learn more about your rights. Contact a legal expert at the Law Offices of Steven Benke today for more information if you’re looking for the best divorce lawyer in San Antonio, TX.

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