What Rights Does A Man Have During A Divorce

What rights does a man have during a divorce?  This is a question that is often asked of lawyers and divorce professionals by men who are entering or going through divorce proceedings.  The answers can surprise you, as most men have probably heard horror stories from friends and co-workers about the financial costs and problems associated with divorces they have gone through.  In addition, most men do not realize that they have certain rights when it comes to seeing their children or receiving custody.  In order to make sure you have the most equitable divorce possible, you will want to know your rights as a man during a divorce.

What Rights Does a Man Having During a Divorce?

One right which you have as a man during a divorce is the right to a fair and equitable financial settlement.  You are not required to be “taken to the cleaners” because your wife has chosen to divorce you, or vice-versa.  You may be eligible to protect any assets or other property that was yours from before the marriage, and in non-community property states, you will be entitled to the same equitable distribution of property that your wife is entitled to.  Do not feel as though you are destined to lose everything because you are going through a divorce.

Another right that men have during a divorce is the right to have equal time with their children, whether or not they have been given full custody.  Most states now recognize the importance of both parents in a child’s life, and in many cases, laws have been changed in order to try to maximize the non-custodial parent’s ability to see their child as often as possible.  You absolutely have the right to spend as much time with your children as possible both during and after a divorce, and a lawyer can help you craft a custody settlement which maximizes this time.

Other divorce rights that men have include the right to the property of the couple during the divorce.  For example:

• If you moved out of your marital residence before the divorce began, you still have the right to access property which you left behind. 
• Your former spouse cannot legally change the locks or take other measures to block you from accessing your property
• If they do, you have the right to take countermeasures such as having a locksmith come and undo the changes in order for you to access the real estate or other property which you have left behind.

Getting Help

An experienced family law attorney is best able to answer the question of what rights does a man having during a divorce, so you may wish to consult with a family or divorce law attorney to guide you through the process and act as your advocate.