Over 30 Years Experience Focused In Divorce & Family Law

Men’s Rights During Divorce

by | Mar 8, 2022 | Uncategorized |

When men file for divorce or respond to a divorce filing in Michigan, they often worry that misconceptions about earning power and parenting abilities will negatively impact them in the divorce. It is critical for men who are getting divorced in Michigan to understand that they have rights, including a right to equal treatment when it comes to the division of marital property, opportunities for spousal support or alimony, and child custody. 

Men Have a Right to an Equitable Distribution of Marital Assets and Debts

Men have a right to an equitable distribution of marital property during the divorce. Michigan divorce law requires that all marital property be divided between the spouses in a manner that is equitable or fair to both parties. To be sure, Michigan is an “equitable distribution” state, which means that the court will look at a number of relevant factors from the marriage and each spouse’s circumstances to determine what a fair division of the marital property should look like. When courts divide marital property, they do not consider the sex or gender of either spouse. Instead, courts consider objective factors that are designed to ensure that all marital assets and debts are distributed equitably between the parties.

Men Can Have a Right to Receive Spousal Support

Men have a right to seek spousal support, and may have a right to receive spousal support depending upon the circumstances of the divorce case. Either spouse can seek spousal support in a Michigan divorce, including men. Under Michigan law, spousal support is awarded based on the need of the spouse seeking it, and other relevant factors from the marriage. When a court decides that spousal support is appropriate, and when it determines the amount and duration of support, it does not consider the sex or gender of the spouse who is seeking support.

Men Have Rights as Parents and to Child Custody and Parenting Time

Traditionally in many Michigan divorces, mothers were granted full custody of their children after a divorce case because there were misconceptions about the ability of mothers to serve as better parents than fathers. It is essential for men to know that they have equal parental rights when it comes to their kids, and the law expressly states as much. 

Indeed, according to the Michigan Parenting Time Guidelines, both parents have an equal right to spend time with their kids, unless either of those parents pose some sort of risk to the child’s well-being. Michigan law recognizes that children are typically better off when they have time to develop relationships with both parents. 

Any father who has concerns about how the court will handle child custody and how implicit gender biases could impact the case, should seek advice from a divorce lawyer in Michigan.

Contact Our Michigan Men’s Rights Divorce Lawyers

Men have rights in divorce cases, including rights concerning financial matters and child custody. A Michigan divorce attorney can speak with you about your case today. Contact the Law Offices of Michael A. Robbins for more information.