DIVORCE CONSIDERATIONS FOR MEN VS. WOMEN
April 29, 2020
Although the divorce rate in California has declined to 6.7%, according to U.S. News & World Report, this information means little to us when we are counted among that percentage. Divorcing husbands often worry that they will need to move out of the marital home, will only see their children every other weekend, and could go broke while trying to keep up with support obligations. It is not surprising that a Stanford University study shows that a woman is more likely to ask for a divorce than a man.
While in the throes of an emotional breakup, our minds often go to the worst case scenario. During a sensitive life chapter like divorce, men (and women) may be well advised to seek counsel from a cooler-headed third party. A California attorney who is well-versed in family law can be a source of reason and optimism for a divorcing spouse.
COMPARING CUSTODIAL FATHERS TO CUSTODIAL MOTHERS
Sometimes the statistics about gender and child custody are misleading. For example, U.S. Census data shows that 5 out of 6 women are the custodial parents of American children. However, this data does not take into account the mother in Morgan Hill who has never been married or the woman in San Jose, California who is merely separated. In fact, only 30.4% of the women with primary physical custody are divorced.
As fathers we might assume that our chances of getting primary physical custody of the kids is slim to none. But courts throughout Santa Clara County and Alameda County follow the California Family Code by prioritizing the best interests of the children. As such, men who are going through divorces have as much opportunity as women to demonstrate their abilities to foster the health, safety, and welfare of their offspring.
CHILD SUPPORT OBLIGATIONS IN SAN JOSE, CALIFORNIA
Divorcing men may also feel concerned about having to pay child support, often assuming that the dad will have to pay. In actuality, the laws in California treat divorcing men and women equitably by often leaving the determination of child support to a formula.
Santa Clara County and Alameda County attorneys can provide the court with a printout of this information on behalf of the divorcing man or woman they represent. The document will suggest a fair determination of support obligations, if any, based on each spouse’s income, the number of children, and the primary residence of the children. Many courts use this information in fashioning a fair support order.
DIVISION OF MARITAL ASSETS BETWEEN DIVORCING MEN AND WOMEN
The division of marital assets during a San Jose-area divorce cannot be subjected to gender discrimination either. Fortunately, California is a “community property” state.
In California, the items that men and women owned before the marriage, or those they received by gift or inheritance, are generally considered separate property and are awarded to the original owner. In turn, property or earnings that were acquired through the efforts of either spouse during the marriage will usually be divided 50-50.
HOW A LOCAL CALIFORNIA LAWYER CAN HELP DURING A DIVORCE
During a divorce, estranged spouses are faced with enough issues to make them dizzy with distress. The lawyers at The Law Offices of Steven E. Springer are available to guide those going through a divorce through a gamut of decisions that couples face. We are adept at identifying the key aspects of each case to come to a sound resolution in the following areas:
Property and asset division
Child custody and visitation
Other arrangements stemming from divorce
Our legal staff can assist you personally with determining the issues involved in your divorce.
SKILLED DIVORCE ATTORNEYS SERVING SAN JOSE, MORGAN HILL, AND SURROUNDING AREAS
We at The Law Offices of Steven E. Springer have represented numerous Californians in divorce and custody proceedings throughout the greater San Jose area, including clients in Morgan Hill, Fremont, Hayworth, and Pleasanton. Our experienced counsel are prepared to vigorously advocate for you during this stressful period in your life.
We will skillfully assist you with negotiating fair terms for your divorce, custody, and support agreements, regardless of whether you’re a man or woman. Call today to discuss your case with a capable attorney at The Law Offices of Steven E. Springer.