Fight For Your Rights To Your Family And Property As A Man Divorcing His Spouse
While Maryland law is gender-neutral, quiet bias may impact the court’s divorce decree – unless you stand up for your legal rights.
JC Law will defend you in and out of court to make sure the divorce puts you and your family in the best place moving forward.
When Is Someone Eligible For ‘Permanent’ Divorce In Maryland?
In Maryland, you are eligible for divorce if one of the following is true:
- You and your spouse have been separated for at least a year.
- You both consent to the divorce (and do not have minor children).
- Your spouse subjected you to adultery, desertion, or cruel treatment.
- Your spouse is legally insane.
- The spouse was sentenced to at least three years in jail and has served at least one year of his or her sentence.
Other couples are eligible for a limited divorce — you divide your property, negotiate child support and custody, but cannot remarry.
Under certain circumstances, a men’s divorce lawyer might suggest limited divorce as a temporary solution while you complete your one-year separation.
What Should Men Consider During Alimony Negotiations?
First of all, Maryland law does not – or should not – consider gender during alimony decisions.
This codified lack of bias means that either your spouse or you may be granted spousal support payments during and after a divorce.
If you were a stay-at-home parent or otherwise sacrificed your career so your former spouse could be the primary breadwinner, then you may be eligible for alimony from your ex – even if you are a man. A men’s divorce lawyer will advocate on your behalf.
How Can Men Best Negotiate Child Custody, Visitation, and Support Payments?
If you have children, then you must address child custody and visitation issues.
Either you and your spouse — or the judge — will divide your collective power to make important decisions regarding your child (“legal custody”) and your right to spend time with your child (“physical custody”).
While Maryland courts do consider your child’s gender as a factor when awarding custody, fathers have parenting rights. You might get sole or joint custody of your child, depending on your circumstances and the child’s needs.
For example, if your child is actively breastfeeding, then their mother may be granted primary physical custody for the duration. However, men are just as legally eligible as their exes to be granted custody in Maryland.
Again: Men have the same rights as women to request and be granted custody and visitation rights of their children.
As for child support, all parents have a legal obligation to financially support their offspring. If you have physical custody of your child, your ex-spouse typically must pay child support – even if they’re the mother.
Child support payments typically continue until a child turns 18 years old, although there are exceptions to this rule.
As circumstances change, you can also ask the court to modify or terminate child support payments. A men’s divorce lawyer can help you request this modification even after your divorce is finalized.
Is There Any Way To Enforce A Prenuptial Agreement Beneficial To The Male Spouse?
Sometimes, couples enter into a pre- or postnuptial agreement. A valid nuptial agreement dictates how your marital property is divided during a divorce.
If you have a nuptial agreement (either a prenup or a postnup), notify your men’s divorce lawyer immediately. Your lawyer can help you interpret and enforce the document.
How Should Men Prepare For Property Distribution Negotiations During Divorce?
Maryland is an equitable distribution state. In other words, you will not necessarily split all of your property 50/50. Instead, the court will weigh a series of factors and attempt to distribute your property fairly.
For example, even if your spouse “paid for” the car you exclusively use, the courts may grant you the car as part of the divorce settlement since you’re the primary driver.
If you brought property into the marriage that the family never used – an inherited house in a different state that wasn’t used for vacations and your spouse never saw, for example – then it may be insulated from divorce property discussions.
This is an important and emotionally charged process that frequently results in disputes and delays. A men’s divorce lawyer will fight on your behalf and work to diffuse the situation whenever possible.
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