Divorce lawyers are family law attorneys with specialized knowledge of the divorce laws and rules of court in a particular state. Divorce lawyers assist by performing these and other tasks:
- Writing several complex documents: the divorce petition or an answer; briefs to the court supporting motions; correspondence with the court and opposing counsel; and the final divorce decree. Especially with the last item, it is critical that the document be as succinct yet thorough as possible and that it addresses each of the issues correctly
- Keeping up on local divorce law and researching the law as needed
- Collecting much information: each party’s financial condition; the value of any bank or retirement accounts; the value of the home; each party’s ability to work and at what expected income level; each party’s preferences regarding child support and visitation; the possibility of spousal support; division of the personal property like vehicles, furniture, home decor, clothing, and photographs; and much more
- Advising the client when there are choices to be made
- Communicating with the other spouse’s attorney
- Drafting the divorce decree
- Arguing for or against any motions before the court
Divorce laws vary from state to state. It is important that you don’t rely on articles found on the internet – they may not address the particulars of your own state’s laws. Choose an attorney who works in your area.
Why Do Men Get Divorced?
The top four reasons are infidelity, feeling unappreciated, lack of affection, and lack of commitment:
- Infidelity: Cheating is often cited as the reason for divorce. However, it is widely believed by mental health and divorce professionals that the affair is never the root of the problem. It’s typically more a symptom of more serious problems in the relationship.
- Feeling Unappreciated: If they believe their spouse doesn’t appreciate their contributions to the relationship, most guys will hang in there for an extended time. After a while, the resentment that grows from feeling unappreciated becomes too difficult to ignore.
- Lack of Affection: Men interpret a lack of physical closeness as a sign that their spouse is no longer attracted to them. Lack of affection in a marriage can be a subtle form of rejection, pointing at bigger issues in the relationship.
- Lack of Commitment: This is an erosion of dedication, loyalty, fidelity, and willingness to stick it out through the marriage’s inevitable difficulties. If a husband suspects that his spouse has no commitment, it can leave him feeling alone, hopeless, and determined to find an attorney.
At-Fault and No-Fault Divorce
In earlier days, the state would not allow a couple to divorce unless one of the parties did something wrong – was “at fault.” The possible accusations varied from state to state, but the most common fault grounds included adultery, abandonment, abuse, and addiction to alcohol or drugs.
Now, all states allow for “no-fault” divorce, where neither party gets the blame. The couple does not need to state any specific dispute or wrongdoing as the basis of the divorce, but they must still identify a ground (reason) for their divorce when they file the paperwork. Most often, people cite “irreconcilable differences,” while in some states, the law requires that the parties refer to the “irretrievable” or “irremediable breakdown of the marriage.” Because of no-fault divorce, anyone can obtain a divorce, at any time, for any reason.
However, in several states, spouses can file for a fault-based divorce. There may be advantages to the petitioner of informing the court of the other party’s wrongdoing. For example, in an at-fault divorce, a greater share of property may sometimes go to the party that wasn’t at fault. If there is violence, the innocent spouse may get custody of the children, and the spouse in the wrong may lose parenting time with the children.
How Does Having a Male-Oriented Lawyer Help Me?
Divorce lawyers for men will give advice that addresses men’s concerns. For example:
- If you want it, keep it. Typically men move out of the marital home much more frequently than wives. If you want the house, stay there. That applies to all your possessions: cars, furniture, and more. If you want something to be awarded, keep it close to you.
- File for divorce before she does. The petitioner in a divorce case (who filed for divorce) can frame the issues and be heard by the judge first. The judge will see the issues in your case through your eyes since you explain from the beginning what positions the judge should take.
- Think about what you want. It’s unrealistic to try to win every dispute. Decide what you are willing to compromise on and what you are not. Think of things you can ask for in exchange for anything you agree to give your spouse.
- A male-oriented lawyer will have a better handle on whether you will owe or will be owed spousal support (also called “spousal maintenance. Formerly known as “alimony.”
- Your lawyer will help your spouse understand that either (a) they do have to pay child support on a timely basis or (b) what money you send as child support is to be used only on things that are for the kids. Your spouse cannot use the money for any personal items.
- There is a long history of men not receiving fair and equal treatment in awarding time with their children. If you are a man who wants more than two weekends per month, you and your attorney will work on gathering and preparing the documentation necessary to demonstrate that you are qualified, available, and deserving of more time with your children – even, perhaps, to be the “primary parent” (that is, the child’s home is your home, not your spouse’s)
Do I Need a Lawyer for Help with Divorce Issues?
Divorce may be the most stressful and difficult time in your life. You must make good, logical decisions. For that, it helps to work with a family law lawyer who can give you advice and calm the emotional turbulence, leaving you free to make plans for yourself and your children.
Decisions made in divorce court will impact your future for years to come. You don’t want any mistakes in any of the documents, making it sensible to hire a knowledgeable attorney who knows the law and how divorce court works.
There are at least 4 benefits that accrue to men who have an attorney:
- You get an expert in your corner: Your divorce will be far less stressful because you will have someone knowledgeable to rely on. You won’t have to draft the detailed divorce records, worrying all along that you missed something. You might feel tempted to handle your divorce independently, but this could lead to disastrous results if you don’t know the law and how to apply it to your case.
- You don’t have to worry about expensive mistakes: A simple mistake like underestimating the value of one asset can cause extra fees and paperwork. An experienced divorce lawyer for men knows what to look for and avoid.
- You’ll come out of the divorce proceedings with a clear-cut agreement: A skilled divorce lawyer will ensure the judge understands everything you’re asking to get what you need in the final divorce decree.
- Your divorce will be faster: When you use court-provided documents or represent yourself, mistakes are common. Mistakes delay the court’s final ruling, causing your divorce to drag on for months. An attorney will do everything possible to resolve your divorce quickly and smoothly.
Contact a divorce lawyer if you need legal assistance in connection with a divorce.
Jose Rivera, J.D.
Managing Editor
Original Author
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: May 11, 2023