Divorce Strategies For Men

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Developing divorce strategies for men requires knowledge of state laws regarding child and spousal support, child custody, and the rights of custodial and non-custodial parents. While the perception is that women are given more rights in a marital dissolution case than men; outcomes are also determined by how each party petitions the court. Men who are interested in avoiding paying exorbitant alimony, fighting for shared or primary custody of minor children, or ensuring that visitation rights are fair and equitable should hire a competent attorney to represent their case. Hiring experienced legal counsel is the first step toward developing effective divorce strategies for men; but a determination to comply with court orders and most importantly, attend every hearing is crucial if fathers are to receive consideration.

A competent attorney can advise ex-husbands about how to make a case for affordable alimony or spousal support. It is the goal of the ex-wife's legal representative to try to get top dollar for spousal maintenance, commensurate with the standard of living a woman is accustomed to. But if an ex-husband is unemployed, underemployed, or has extenuating circumstances that hinder an ability to make hefty payments, a good lawyer can devise divorce strategies for men that prohibit an ex-wife from taking unfair advantage. The ex-husband's lawyer will advise the client how to compile and prepare income earnings statements, including previous and current federal and state tax returns; and compose a list of other assets, including certificates of deposit, savings accounts, 401ks, stocks and bonds, real property or precious metals. Shared and individual assets of both spouses will be taken into consideration when the courts determine the amount of alimony.

Similarly, child support payments are also set by the court based on the father's ability to pay and the mother's financial standing. Divorce strategies for men include submitting proof of income earnings, assets, liabilities, shared and individual property, and other financial holdings. An experienced attorney can ensure that child support payments are not excessive and advise a client about extenuating circumstances that may affect future payments after the initial judgment. If the mother and dependent should move out of the state, if an ex-wife should remarry, or when a minor reaches the age of 18 but is not enrolled in college; a petition can be made to the court to adjust the amount of support.

As part of divorce strategies for men, a good lawyer will guide the client through the process of appealing or modifying a court ruling when circumstances change in the future. Sometimes, men are reluctant to ask questions for fear of appearing to be ignorant or feeling inadequate. But asking for help is never cowardly, especially when someone is seeking the wisdom of God: "If any of you lack wisdom, let him ask of God, that giveth to all men liberally, and upbraideth not; and it shall be given him. But let him ask in faith, nothing wavering. For he that wavereth is like a wave of the sea driven with the wind and tossed. For let not that man think that he shall receive any thing of the Lord. A double-minded man is unstable in all his ways" (James 1:5-8).

While fathers have little issue with paying alimony or supporting a minor, child custody can be a huge concern. Fathers armed with effective divorce strategies for men may successfully win full or shared custody of minor children. In cases where a mother is suspected of being an abusive or neglectful parent, a father might want to fight to become the primary or sole caregiver. In recent years, the court has increasingly awarded custody to fathers rather than mothers, especially if drug or substance abuse is a factor. Dads who plan to remarry may also be more likely to seek to become the custodial parent than fathers who want to remain single. In a dispute, the judge will also confer with a minor child about their preference for living with one parent over the other.

Astute fathers will also want to consult an attorney about divorce strategies for men when it comes to visitation rights. An attorney will be able to petition the court for a dad's right to see the children on a regular basis. Parents should discuss whether the kids will see their father on holidays and weekends, every other week, or in six- to eight-week increments. During spring breaks, Christmas, or the summer months, extended visitations can be arranged to accommodate a need to spend time with both parents. The goal of the court will be to provide as much normalcy for dependents as possible, allowing each parent the opportunity to interact and spend quality time. Other than a schedule agreed upon by both parents, considerations for determining visitation rights include the proximity of the child's permanent residence or school, the location and suitability of the non-custodial parent's residence, whether or not the father is available to personally supervise the kids, or if a responsible caregiver can lend assistance in the dad's absence.

Developing effective divorce strategies for men is not a do-it-yourself venture and requires consulting an attorney. While the courts have traditionally favored women, increasingly more fathers are getting involved in ensuring that their children receive the best care and financial support. Males who are interested in getting equal and equitable treatment in a child custody case or divorce proceedings should not hesitate to retain an experienced lawyer. Attorneys can be found on the Internet or via local telephone directories. Friends, family members, or business associates who have undergone marital dissolution may also offer information on retaining an astute attorney. Making the effort to ensure the best possible outcome for alimony or child support judgments, custody, or visitation rights is time and money well spent and an invaluable investment in a child's future.

Divorce Strategies For Women

By employing specific divorce strategies for women, ex-wives can realize all the benefits to which the law entitles them. A newly divorced woman's main concern will be ensuring that her standard of living is not diminished by marital dissolution, especially when children are involved. The state also recognizes that women and children need continuing support and in a divorce case, alimony and child support judgments will usually be awarded to the female custodial parent. An exception is if the ex-wife earns substantially more annual income; in which case, the court may waive spousal alimony or order the wife to provide support for the husband. "Like as a father pitieth his children, so the Lord pitieth them that fear Him" (Proverbs 103:13). A fear, or reverence, for God may be the incentive for parents to provide ongoing care even though they are divorced.

Alimony is not to be confused with child support. The dictionary defines alimony, derived from the Latin word alimonia, or sustenance; as an allowance made to one spouse by the other for support pending a legal separation or divorce. The separation or marriage dissolution decree will specify monthly or lump sum court-ordered payments to sustain the ex-spouse after the formal separation or divorce is final. Alimony covers mortgage payments, household expenses, food, and other costs to sustain the ex-spouse in the manner she was accustomed to before the marriage was dissolved. "Withhold not good from them to whom it is due, when it is in the power of thine hand to do it" (Proverbs 3:27). As part of divorce strategies for women, an ex-wife should consult with a knowledgeable divorce attorney who can mediate to ensure that alimony payments meet current and future needs until remarriage or death. Former wives should also bear in mind that alimony is considered income by the Internal Revenue Service and is therefore taxable.

Unlike alimony, child support is paid to a custodial parent, usually the ex-wife, with whom a minor resides. Divorce strategies for women include hiring a lawyer to help calculate sufficient payments to provide for the child's housing and utilities, clothing, education, food, transportation, and medical expenses, and present those calculations to the court. To avoid court costs and attorney fees, ex-wives may also utilize divorce strategies for women to get a former partner to settle out of court with the aid of a mediator. A written, not verbal, agreement should be notarized and filed with the court. State laws regulate the amount an obligore is required by law to pay to the custodial parent, taking into account both parents' incomes. A working ex-wife will be expected to contribute to the children's upkeep commensurate with current and potential earnings. Likewise, a non-custodial father's contribution will be calculated based on present and future income earnings. Calculations are based on percentages of each spouse's income after making certain deductions. In cases where the mother is unemployed, the burden of supporting a minor child lies with the father; and a knowledge of divorce strategies for women might be crucial to gain sufficient income. Both parents also have an obligation to abide by the child support judgment as regulated by the state. Accepting lesser or greater amounts than the court awards may jeopardize future appeals for support modifications. Ex-husbands and wives need to bear in mind: the court differentiates gifts from support. Dads who lavish expensive gifts on their children cannot do so in lieu of making court-enforced payments.

Disclosure of an ex-husband's income is crucial to sustain an ex-wife and minor child. Attorneys for both parties will negotiate the amount of monthly alimony payments, child support, and the disbursement of shared assets during the marriage. Ex-wives may use certain divorce strategies for women, such as carefully choosing a legal adviser who will fight for their best interests and ensure that former husbands provide the court with full disclosure of assets, including annual gross income, real estate holdings, stocks and bonds, certificates of deposit, offshore assets, and other property. Depending on how long the couple was married, a wife may be entitled to as much as fifty percent of an ex-husband's assets. Some men enjoy greater wealth and may attempt to hide income by placing assets in a second wife's name, or under a corporation. But the state in which the divorce decree was issued may require ex-spouses to regularly submit proof of income, such as federal and state income tax returns.

As an ex-spouse's income increases, savvy wives may employ divorce strategies for women to request an increase in child support payments. The process for applying for increased child support is relatively simple, providing a former wife and single mother can substantiate claims of an increased need or significant reduction in personal income which adversely impacts the ability to sustain a minor. Loss of employment, voluntary unemployment due to disability, or extenuating circumstances such as added medical expenses are all reasons for requesting more financial support. The court which issued the original divorce settlement, a qualified attorney, or the state government can help women file the appropriate papers to request additional support.

As more couples separate or end marriages, there will be an increasingly important need for former wives to familiarize themselves with divorce strategies for women and strive to implement them. Alimony and child support laws in most states still assert that an ex-wife and single mother and her children are entitled to a portion of the former husband's income, at least until the child reaches the age of 18 or graduates from college. No child, though a product of divorced parents, should be forced to endure a diminished lifestyle or live in poverty because of a decision made to separate or divorce. Both parents have an obligation to provide for children to the best of their ability, regardless of marital status. Fortunately, state laws and moral conscience work hand in hand to ensure that no child is left behind.

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