Divorce Questions for Men

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Going through the disolution phase

Divorces are a messy, complicated process. They're always sure to fill your mind with questions. What about the kids? What about the house? What about the pets? While you're well-advised to speak with a family law attorney who understands the specifics of divorce law in your state, everyone has some basic questions about divorce that just can't wait.

  1. Will I Get to Keep the Kids?

    • It's impossible to say without a detailed look at your specific situation. Some states are more old-fashioned and will almost always grant custody to the mother. Others are more progressive and will look at income, the parent/child relationships and the ability to support the children emotionally and financially.

    Will I Have to Pay Alimony?

    • It depends. In olden times, men were almost always required to pay alimony. In these days though, it depends on many factors including your wife's income, the state you live in and the lifestyle you were both leading before the divorce.
      In certain situations, your wife may even have to pay you alimony.

    Will I Get the House?

    • This depends. In communal property states, all property bought and shared by the spouses is divided equally. In these cases, the person who is granted child custody may receive the home. If the home was inherited, the person who received the inheritance will keep the home.

      In noncommunal property states, the property will generally be divided based on who bought it and how much work each person put in during the marriage. If one person was a lawyer, for example, and the other sat at home doing nothing, the lawyer would get most of the property. If the other person worked hard around the house and took care of the kids though, she would receive a good portion of the property. In both cases though, the lawyer would likely keep the home although the homemaker in the second situation would receive other property or money to help provide her with the equitable value of half of the home.

    How Will Marital Infidelity Affect Our Divorce?

    • If you live in a no-fault divorce state, infidelity will not affect your divorce in any manner. In other states, it may affect how property is divided, who will get child custody and how much alimony will be paid out.

      If you had a prenuptial agreement with an adultery clause, you will need to follow the rules of the agreement.

    How Will Pets Be Seperated?

    • If you had children, the pets will likely go with the parent granted custody. Otherwise, it will depend on a variety of factors, including who bought the animal, who is closest to the pet emotionally and more.

      In some cases, the court may even grant visitation rights to the noncustodial owner.

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