Divorce lawyers specializing in representing men, such as Divergent Family Law, focus on combating biases in family court regarding child custody, alimony, and asset division. Divergent Family Law provides specialized, strategic advocacy to ensure fair treatment for fathers and husbands in complex, high-asset, or contentious divorces.
Divorce involves parenting and financial decisions that can affect you for years. Divorce attorneys at Divergent Family Law help men fight strategically for the outcomes that matter most to you. The legal process can feel complicated or confusing. Despite how tempting it can feel to just “get through it” and compromise to get it over with, the decisions you make now will have lasting consequences. Make sure you have an attorney on your side to advocate for your rights.
Divorce can be overwhelming. Men often face concerns about child custody, financial obligations, and getting their fair share of the property. An experienced divorce attorney helps assert and protect your rights and ensures you make informed decisions that protect your future and your family.
Divorce is very challenging emotionally. Many men consider their role of being a provider, husband, and father to be a substantial part of their identity. When those roles change, often men can feel like a failure.
Men are statistically less likely to seek counseling or therapy, and men often have fewer close friends they discuss heavy matters with. These stats combined lead to men feeling socially isolated and having mental health challenges, like depression or substance abuse.
In high conflict divorces, some men can become concerned about unfounded allegations of abuse. Even when proven false, these allegations can create stress and cause temporary restrictions. These challenges make it all the more important for men to think about how they can reinforce and expand their support network. That network includes family and friends but also professionals such as a therapist and a lawyer.
Generally both sides in the divorce care about the same things: child custody and placement, child support, alimony, and property division. Both sides want to make sure they get the most advantageous outcome possible. Many men worry that the court favors women in the divorce and are concerned they will not get their fair share because of that bias. In reality, the laws are gender neutral, though they are affected by individual incomes, earning potential, who is capable of stable caretaking, and other factors.
At Divergent Family Law, we fight for our clients regardless of gender. We know that outcomes depend heavily on preparation, documentation, and strategy.
In Wisconsin, property is divided equally between spouses divorcing. Most assets are community property, with only a few exceptions, like assets owned prior to the marriage or inheritances given to one individual.
That means all income earned during the marriage, retirement accounts, real estate, and debt is considered community property and divided equally. This is true regardless of who earned more, whose name was on specific titles, or who incurred the debt.
Assets may be divided unequally if fairness requires it. Those situations can include large earning capacity differences, or one spouse wasting or hiding assets. However property division is presumed 50/50. Debt is divided just like an asset. If you fight to get the house in the divorce, you will very likely also get the mortgage as well.
The law views marriage as an economic partnership. Even if only one spouse worked, retirement benefits earned during the marriage are generally considered community property and divided equally.
Attorneys at Divergent Family Law strive to ensure you receive your fair share – or better – in the divorce.
Wisconsin makes child custody and placement decisions based on what is in the “best interest of the child.” There is no legal preference for mothers over fathers. That said, many men worry about this because historically mothers are more likely to get sole custody and placement, or a much larger share of the placement.
The court looks at several factors to determine custody and placement issues including:
Fathers have the legal right to seek joint or sole custody of their children, just as much as mothers do.
Fathers do not always owe mothers child support. Depending on the circumstances, mothers may owe fathers child support. However, because fathers are less likely to have more custody than mothers and more likely to have higher earnings, fathers often owe child support.
Child support is determined by a calculation that considers the number of children, how much each parent makes, and the child placement schedule.
Spousal support, often called maintenance or alimony, is not always granted in every divorce. Factors that are considered when determining spousal support can include
Men can be required to pay spousal maintenance to women, or women can pay spousal maintenance to men. It all depends on the above factors and is determined by the court on a case by case basis. A stay-at-home dad, disabled husband, or simply lower-earning husband can qualify just as a wife would.
Spousal support can be ordered for a limited or indefinite period of time. The court aims to determine what is fair and if support is needed and can be afforded by the other party. There are some general guidelines, but no specific calculation the court must follow. Since there is no formula, it’s particularly important for your divorce attorney to make a good case–either why you need support or why your ex does not.
Fathers have the same rights as mothers in a divorce. This includes matters of custody, placement, alimony, child support, and property division. It is a matter of exercising those rights and going into a divorce with the appropriate strategy. Divorce attorneys at Divergent Family Law fight for what matters most to each client and set you up for long term success in this new chapter of your life.
