There is a lot of information to collect when considering a divorce. Such information will help one to prepare enough on what should be done to support a potential case. Before someone begins the process, some issues should be clarified. Such issues might include understanding complex laws governing a divorce within the state. Other than that, they should understand the importance of legal guidance.
Most men understand the basics of handling a divorce. However, there is some more profound truth to know. First, it is necessary to understand that laws governing divorce vary based on their state. From filing procedure to determining child custody is based on where one lives. For instance, a fair distribution standard is used by most states to divide the property. In this case, it is the court that decides on how assets are distributed. Besides, a lot of issues during divorce vary based on each couple. So one must determine what can arise and research enough on it. Below is a guide for a man thinking about divorce.
Risks Associated With Divorce
Men face a lot of risks during a divorce. First, they skip the grieving process. So far, divorce leads to the loss of someone that they have been in a marriage with. When men avoid the grieving period, many changes occur to them. Such changes include change of goals, the derailing of plans, and differing life plans. Other risks include a drastic decline in one’s health. They might prefer to self-medicate through drugs and alcohol.
When men are depressed, they tend to talk to their wives. However, after the divorce, this will not happen again. Also, they might lose their identity after the divorce. Marriage status is often critical in self-determination. It helps in determining the view people have towards someone. When men are undergoing a divorce, they lose value in themselves. Most of them do not engage in new activities, unlike women. More often, the mother takes children after the divorce. Such occurrence means they will be able to see their children based on a custody schedule.
Laws, Agreements, and Paternity Scams
Laws governing the divorce process differ based on the state. One should understand the marital asset laws that function within their state. Marital assets laws govern all property acquired during the marriage. Such property might include cash, stock, pensions, among others. However, most courts treat an increase in the value of the premarital asset as a marital asset.
Additionally, a man needs to understand the importance of a prenuptial agreement. These agreements protect the occurrence of a divorce. It should not be an emotional decision to sign the prenuptial agreement, as such a document protects a couple during a divorce. Prenuptial agreements describe financial agreements between a man and his wife. Thus, it spells out what happens to the business and money in case of a divorce.
On the other hand, men are affected by paternity scams. They suffer emotionally and financially. Perhaps, the man can be paying the child’s upkeep later to discover they do not share the DNA. Once the truth has been revealed, it may not be more straightforward for the reimbursement for payments. At least the man needs to understand how the false paternity scam works. It occurs after the mother misidentifies the child’s father. In other scenarios, the mother might be aware that the man is not the biological father.
The court is mandated to determine if payments will proceed in case of a paternity scam. The decision will be supposed to be based on the best interest of the child, which means that if the real father is uncertain, a man may end up being saddled for support payments their whole lives for children who are not theirs. As sad as it is to consider, it’s worth it to invest in a home paternity test.
Documentation and Account Access During Litigation
It is common for couples to have disagreements when it comes to keeping marital estate. Some might believe this is unfair because the woman is pushing the boundaries. Documentation will help during this period. It provides the part of the marital estate that one owned. They should differentiate between inheritance and any property outside the marital estate. There are instances when accounts are emptied, and credit cards maxed out. At least the court will order the spouse to replace it. Such a process will happen regardless of whether the money has been spent or not. Alternatively, such a person will pay fines like paying for the man’s lawyer.
The man should fight for child custody. The development of the child is based on the availability of both parents. However, the court tends to favor the woman more than the man. In this situation, the man should consider joint physical and legal custody. Joint physical custody ensures that one has the right to live with the child for some time. Besides, the joint legal custody will give both parties a chance to make critical decisions. Men always face challenges when fighting for custody. Even so, they have legal rights, which should be utilized to protect the child.
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