When you are filing for divorce, you will likely need the assistance of a divorce lawyer to understand the complications related to your separation. However, men may want to seek the expertise of a men’s rights divorce attorney who specializes in representing the interests of men, particularly because many family courts are primed to favor the female spouse rather than the male.
Five Reasons to Hire a Men’s Rights Divorce Attorney
In Georgia, there are several acceptable grounds for divorce including impotence, adultery, separation caused by mental illness, willful desertion, abuse, and other grounds. Whether or not you are filing for divorce on these grounds, it is plain to see that many of the acceptable grounds for divorce are skewed toward accusing men of improper conduct. This is one of many reasons you may need Atlanta’s top men’s rights divorce attorney to help you with your case.
1. You Want Custody of Your Children
Although Georgia family courts are supposed to be gender-neutral when it comes to assigning custody of children, many courts still favor women for primary custodianship. If you want to gain full or partial custody of your children, then you will need the help of a lawyer to advocate for your parental rights. Gaining custody of your children will require specialized knowledge and proof that will provide evidence that you are the best guardian for your children,
Georgia family courts award custody in two ways: physical and legal. Physical custody is ideally shared between both spouses so that each parent has time with the children, while legal custody or the ability to make decisions about the welfare of the child may only be awarded to one parent. A divorce attorney who advocates for men’s rights will help you also seek legal custody so you can have a say in the parenting decisions of your child.
2. You Need to Negotiate Alimony Payments
In general, alimony payments will be determined by factors such as how long you were married and your annual income. However, because men are often the higher-earning spouse, the financial burden of alimony often falls onto the male spouse. In some circumstances, your ex-wife may make certain demands that may unfairly increase monthly alimony payments.
A divorce lawyer for men will be able to assess your financial situation and the financial demands of your ex-wife. If these financial demands are unreasonable, then your lawyer will advocate for more reasonable payments that will not cause you undue financial hardship. Your lawyer may even be able to advocate for a shorter alimony period based on other details of your marriage.
3. You Need Help Dividing Assets
One of the biggest and most stressful aspects of filing for divorce is the division of assets and property. As a general rule, shared assets for those that are acquired during the marriage, such as the marital home, businesses, certain thing counts, and other property.
Assets that are shared are usually divided equitably. In Georgia, the split of shared financial assets is not always 50/50, so it’s important to have a lawyer that understands how to correctly divide assets for both spouses.
What About Personal Assets?
Men may want to hire a men’s rights divorce attorney to help protect personal assets or assets that were acquired before the marriage. For example, if you were a business owner before you were married, then your business should still be yours after you’re divorced and your spouse should not be able to make any claims on your business assets.
However, there are some cases where an ex-wife may try to claim assets that you had before your marriage, so you will need the protection of a savvy lawyer to help you keep your assets and property. A lawyer can also help you protect your finances.
4. You Have to Defend Against Abuse Allegations
Although there are many grounds for divorce in Georgia and it is possible to file a no-fault divorce, there are many circumstances where men may have to defend against false abuse allegations. Some ex-wives may make abuse allegations to increase alimony payments, get custody of children, or even receive certain marital assets.
If you are being accused of abuse, then you will need the help of a lawyer to advocate for your innocence. Proving your innocence against abuse allegations means finding evidence that will prove you were a good spouse. It’s very important to defend against abuse allegations since these allegations can have lasting impacts on your ability to have custody of your children and may even have negative financial consequences.
5. You Need Advice About Separation
Some couples may want to finalize a divorce more quickly. In Georgia, you will have to wait 30 days after filing for divorce before divorce proceedings can begin. For spouses who do not want to wait 30 days, you may have the option of choosing separate maintenance instead of divorce. This method allows spouses to remain married, while also being legally separated. A judge may be able to grant separate maintenance within three days.
Men who are filing for divorce may need the representation of a men’s rights divorce attorney for several reasons. For example, a divorce attorney can help you gain full or partial custody of your children, negotiate lower alimony payments, defend against abuse allegations, or assist in the division of individual and marital assets.