It is commonly assumed that men automatically get the short end of the stick in a divorce. For example, there are the often-told stories of men losing child custody and possession of the house while still having to pay for child and spousal support. But men have just as much right as women do to win in a divorce settlement. Here are some of the most common myths about men in divorce.
1. The father can lose child visitation rights for failure to pay for child support
There is a common misconception that the mother has the right to prevent the dad from visiting the child if he fails to pay for child support. This basically means that your visitation rights depend on your ability to meet the child support payments. But this is not true. In reality, child support and child visitation are treated as two separate issues by the court. The mother has to file a petition in court if she wants to block the father’s visitation rights.
2. The husband loses everything if he commits adultery
Marriage is considered an economic partnership in most jurisdictions. Adultery is treated as lousy conduct that is outside the influence of the partnership. In Florida, this type of misconduct will not result in an automatic forfeiture of his right to marital assets.
3. The husband reserves the right to deny the wife a divorce
In the past, a spouse had the right to deny the other partner a divorce by looking for ingenious ways to preserve the relationship. However, thanks to the introduction of “no-fault” divorce, everyone has the freedom to leave a marriage without assigning blame to anyone. You can stall the divorce process, but you cannot block it altogether.
4. The mother automatically gets child custody
For many years, the mother was favored when it came to awarding child custody; particularly in the case of younger children. However, this does not mean that the outcome is automatic. Nowadays if the mother has the child a majority of the time, the arrangement is achieved after an agreement between the couple. In Florida, the court does not automatically give child custody to the mother. If you believe that having custody of the children is in their best interests, you have the right to fight for it.
5. Men initiate divorce more often than women
While men are more likely to end a relationship outside of marriage, the opposite is true when it comes to divorce. In fact, statistics show that women initiate 70% of divorces. However, the petitioner in a divorce does not necessarily have an advantage during the proceedings. It always depends on the facts of the case. Plus, if the parties are able to reach an agreement and settle, then it doesn’t matter who in fact filed for divorce.
In the long run, the children’s best interests are the most important consideration in a divorce. Whatever your reasons are for getting a divorce, you need to protect your kids from the negative impact of your separation. For any legal advice or guidance in a family law case, JPA Law Firm is here for you. Contact us today at (305) 423-7065.