The divorce process can be hard on anyone. Men sometimes face unique challenges based on societal stereotypes about gender, marriage, and divorce. Traditional gender expectations cast men as financial providers and women as nurturers and homemakers. These preconceived notions may leave men feeling overlooked or misunderstood when it comes to the emotional struggles and family dynamics in a divorce. But, when you ask the right questions to an experienced men’s divorce lawyer, you’ll be able to better advocate for yourself as you separate from your spouse.
Perhaps you’re concerned about separating assets fairly. Or as a father, you might feel stressed about custody. Under New York’s Domestic Relations Law (DRL), gender is not a factor in divorce considerations like asset divisions or child custody. But you might be anxious about how cultural assumptions about men and women might affect your case. By asking the right questions to a legal expert, you can feel a greater sense of support as you move through your divorce mediation or litigation.
1. What Factors Will Impact Asset Division in New York?
You’re concerned about how you will divide your assets with your spouse. In New York, divorce follows equitable distribution as outlined in the DRL. The law says that two parties split assets “fairly.” But “fair” doesn’t actually mean “equal.”
The state sees marital property as any property acquired during the marriage. When you and your spouse can’t reach an agreement on your own, the court considers a variety of factors to split property fairly. This includes how much each person earns and their future financial circumstances.
An experienced men’s divorce lawyer can explain what potential asset divisions you might expect based on your unique situation and fight for a fair outcome on your behalf.
2. Who Can Fight for Alimony?
When confronting our own gender stereotypes, we might assume that the man will have to pay alimony to the woman. But anyone can fight for alimony. If you were the primary earner in your marriage, you might be obligated to pay alimony to your spouse. If you were not the primary earner, you can advocate for alimony. Sex and gender are not part of the equation.
Alimony payment amounts and duration are calculated based on factors like how long the marriage lasted and each partner’s earnings. Spousal support can also change or become permanent as either party’s finances change. A family law expert with a proven track record of navigating alimony will be able to guide you through this process.
3. How Does New York Determine Custody?
You love your child, and you want what’s best for them. Naturally, you want to be present in their lives, and fighting for custody ensures you’ll spend time with your kids and make critical decisions about their upbringing. In New York, custody is determined based on “the best interest of the child,” otherwise assuming equal rights between the two parents.
There are two different kinds of child custody. Legal custody refers to the right to make decisions about your child, while physical custody is where your child will reside. Parents often split physical custody roughly evenly, known as joint custody. As a father who is concerned with your child’s best interests, you should discuss your parental rights with a trusted attorney.
4. How Will a Men’s Divorce Lawyer Counter Gender Assumptions in My Custody Case?
Even though, legally, gender should not play a role in custody, it’s natural to wonder how internalized bias might impact your custody chances. But a skillful men’s lawyer will build out your case by helping you document the daily involvement with your children.
Our firm is committed to helping you gain or expand custody. We’ll advocate for your parental rights in accordance with the state’s best-interest standards.
5. What Determines Child Support Obligations?
You might also wonder how your unique situation factors into child support. Child support obligations are determined by a number of considerations outlined in the New York State Child Support Standards Act (CSSA), as set forth in the DRL. The award amount is calculated based on each parent’s income and the number of children they have together. It’s best to speak to a family attorney to understand how the CSSA will apply to your case.
Book a Consultation With a Men’s Divorce Lawyer Today
If you’re a man going through a divorce, it’s normal to have questions about your rights. A men’s divorce lawyer can help you navigate key issues like asset distribution, custody, and child support. Michelle Cimino has been supporting male clients through divorce in New York for over 20 years. She listens without judgment and will work to position your case to get the best outcome for you.
Schedule a confidential consultation today to ask Michelle Cimino all of your divorce questions.
