Many men are confused as to the rights and obligations they have in a divorce. Many believe that they are powerless, and have no choice but to accept the terms that their wife offers. This is a common misconception and simply is not true.
Men have all of the rights that women have including the right to custody and visitation of their children, a fair distribution of assets, fair distribution of all debts, maintenance and child support.
The problem lies in the factual reality that most men are the primary breadwinners, and most women have been the primary caretakers of the children. Under the law, the spouse who is financially dependent and unable to independently take care of his or her financial needs, will have at least a claim to temporary maintenance. Debts are often split in proportion to the party’s gross incomes.
Similarly, because most women have been the primary caretakers of the children regardless of whether or not they have been stay at home mothers, in applying the best interest standard to custody issues, the children will most likely remain with the primary caretaker.
If the roles happen to be reversed, it is not uncommon for the man to remain the primary caretaker of the children and to seek child support and maintenance from the wife. Each situation is different and is factually driven. In “traditional” families, the trend in divorce cases has been for the man to receive substantial parenting time and get joint decision making of the children. The trend has been away from granting the wife permanent maintenance unless there are unusual circumstances such as a marriage of long duration, an uneducated wife who is a low wage earner as contrasted with a high wage earning husband, or a party who is permanently physically or mentally disabled and unable to support themselves.
Sharon D. Liko, P.C. has been in divorce courts representing men for over 19 years. Their preparedness and tenaciousness on every case has gained them a successful reputation in the Colorado Family Court System.
Sharon D. Liko P.C. located in Denver, Colorado handles divorce cases throughout the Denver metro area, and the state of Colorado. Ms. Liko is also admitted to practice in the state of Texas.