blog, divorce
February 27, 2019
R. Clarke Speaks

Everything You Need to Know to Understand Divorce Law for Men

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Men and Divorce

For many different reasons, men face some unique challenges when getting divorced. While society has transformed and the laws have changed, there are still some biases against men that remain within the family law system.

Men who are getting divorced need to know how to protect their legal rights. If you are ending your marriage in North Carolina, you should know how divorce law for men could impact your case.

North Carolina Divorce Law: Technically Gender Neutral, More Complex in Practice

Under United States law, divorce and family law issues are supposed to be handled in a gender-neutral manner. Notably, in 1979, the Supreme Court of the United States struck down an Alabama state statute that mandated that only men could be required to pay alimony to their former spouse (Orr v. Orr).

The Alabama law allowed women to escape paying spousal support, even if they were the primary breadwinner. In the decision, the nation’s highest court made it clear that the Equal Protection Clause of the Fourteenth Amendment prohibits states from enacting laws that treat men and women differently. Divorce law must be gender-neutral.

A Deep Review

Though North Carolina divorce law is supposed to be applied in a gender-neutral manner, the reality is far more complicated than that. Ultimately, all legal cases are decided by human beings. Often, divorce cases are resolved after there has been a deep review of the individual facts of the case, and after a number of judgment calls have been made on key issues.

This opens up the potential for bias within the system. In certain areas — especially in child custody, child support, property division, and alimony — antiquated views on traditional gender norms could create challenges for men looking for a fair process.

Why You Need a Lawyer Who Understands Divorce Law for Men

In generations past, it would be assumed that the wife would get primary custody of the children, regular child support, and perhaps even spousal support from her former husband. Though North Carolina law no longer makes these explicit presumptions, courts and judges may still have some preconceptions against men. It is crucial that any unjust biases are identified so that men who are getting divorced can assert their parental rights and protect their financial interests.

By working with a North Carolina divorce lawyer who has experience representing men, you can be confident that your case will be handled in the proper manner. Your lawyer will be able to put together the strongest possible claim to ensure that the law is applied fairly. For men going through a divorce of the case these are all critically important:

  • strong advocacy
  • attention to detail
  • proper framing

Speak to Our Wilmington, NC Divorce Attorneys Today

At Speaks Family Law Firm, we have extensive experience representing men in complex divorce cases. We also handle the full range of fathers’ rights issues. To set up a fully confidential consultation with a Wilmington family law attorney who understands divorce law for men, please do not hesitate to contact our Wilmington law office today at 910-427-5044.

© Copyrights 2022. Speaks Family Law Firm. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401

(910) 769-7339https://speaksfamilylaw.com/

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© Copyrights 2022. Speaks Family Law Firm. All Rights Reserved.

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