Divorce is just as hard on men as it is on women. To add to the difficulty, many men believe they will not be treated well in court. The anxiety around what might happen can be debilitating.
At one time, the law favored women in some aspects of divorce, but spouses are now equal under the law when it comes to important matters such as property division, alimony, and child custody. Contact our local family lawyers if you have questions about divorce for men in Marietta. Our trusted team can guide you through the process and ensure you emerge from your divorce ready to embrace your new life.
The stereotypical child custody arrangement in the past was the children lived with their mother, and their father got them every other weekend, some holidays, and two weeks in the summer. This and similar arrangements are now more the exception than the rule.
Fathers have the same rights to parenting time and custody as mothers. A custody order could direct parents to share physical custody equally or as close to equally as possible given the family members’ schedules. For other families, it makes better sense for the children to spend most of the time with one parent.
Judges make all decisions about children based on their best interests. As a man going through a divorce, a Marietta attorney will learn your custody goals and work to persuade a judge that meeting them serves your children best.
Financial anxiety runs high among people getting a divorce. You and your spouse must run two households on the income that used to support only one. Every couple has different resources available, but the Georgia family courts try to make property division arrangements that avoid financial hardship for either spouse.
Divorcing means that a significant portion of the property you accumulated while married will go to your spouse. The specific percentage each of you receives depends on multiple factors, including how long you were married, how much each of you contributed to acquiring and maintaining the marital property, the other contributions—financial and otherwise—each of you made to the household, how much separate property each of you takes from the marriage, and similar factors.
State law requires an equitable distribution of marital property, not an equal distribution. If fairness dictates a 70/30 split in your favor, a judge could make that decision. Alternatively, the judge could award 70 percent to your spouse.
One issue that often concerns men facing divorce in Marietta is the possibility of paying alimony. The Official Code of Georgia §19-6-1 explains that alimony is not required when people divorce. If one spouse can demonstrate a need and show that the other spouse has the resources to pay, a court could order spousal support after a divorce. However, the law says a spouse who committed adultery is not entitled to alimony if the adultery is the reason for the divorce.
The alimony law, like all the divorce laws, is gender-neutral. If your spouse earns more than you, you took time off to be a stay-at-home dad, or you need financial support after a divorce for some other reason, our team could ask that you receive alimony.
Divorce is easiest on everyone when you and your spouse can reach agreements about finances and children without court intervention. Negotiating with a spouse when tensions are high and feelings are raw is challenging, but worthwhile if you can avoid the delay, expense, and stress of a litigated divorce. Most importantly, you and your spouse control all aspects of your agreements.
Many couples work together or with a mediator to create agreements before they file for divorce. This allows them to file for an uncontested divorce, which could be final within a few weeks of filing.
Other couples have contested divorces, meaning one spouse files for divorce and the parties dispute one or more issues relevant to their split. The couple and their Marietta attorneys continue to negotiate while the divorce is pending. In many cases, the couple eventually settles, and they never have a divorce trial.
Divorce for men in Marietta is rough, and there is no avoiding the emotional turmoil it might cause. But you can limit the impact on your finances and your role as a father if you work with a knowledgeable attorney.
Your gender does not limit your rights in a divorce. Contact a local family lawyer to help you pursue your goals.