Common Myths About Men In Divorce

When it comes to something as serious as divorce, don't assume your neighbor or co-worker knows what your legal rights will be. Many people have misconceptions about the law, especially when it comes to the role of men in a divorce. You need trusted legal expertise. Attorney David Butts has over 40 years of experience and can provide that expertise. The following are some myths our male clients bring with them to David Butts Law Firm:

My wife is going to get half of my stuff no matter what.

Mississippi law does not split your assets down the middle during a divorce. First, the judge looks at the title to the assets. If your name is on the property, and you brought it into the marriage with you, you may be able to keep it in the divorce. You will probably split any marital property, or property you both bought during the marriage. Mississippi divides assets based on "equitable division," meaning the judge will try to make the division fair to both parties. For example, if your spouse stayed home to raise the children and has no retirement account, the judge may give her a share of your 401(k). The results can vary quite a bit, and you will want a strong attorney advocating for you during this process.

My ex can keep me from seeing the kids if I don't pay child support.

Keeping a parent from their legal visitation rights for any reason is illegal. Although payment of child support does not affect your ability to see your children, failure to pay can result in many other legal and financial problems. If you're unable to pay the child support ordered, you should immediately petition the Court to lower the payments. At David Butts Law Firm, we can help you with this process.

I may get visitation, but men never get custody.

In a no-fault divorce, you and your spouse can negotiate any type of arrangement you think will work best for your family. If you are facing a contested divorce, the judge will look at the best interest of your child. Although judges have had a long-standing bias toward giving mothers custody of young children in the past, the law states no such presumption should be made. In many cases, David Butts Law Firm has helped fathers secure custody of their children.

I'm going to have to pay alimony/spousal support.

Not necessarily. The court grants spousal support (also known as spousal maintenance or alimony) only in cases where the judge deems it fair. The court looks at several factors, including income and expenses, health conditions, ages, standard of living, who was at fault for the divorce and how other assets were divided.

My kids get to choose who they want to live with.

Although children ages 12 and older can tell the judge who they prefer to live with, the judge considers many factors when deciding physical custody. The child's preference is only one of them, and the court will decide based on the best interest of the child.

Talk To Us About Your Rights Today

We offer free initial consultations. Call our Tupelo office at 662-269-5451 or send us a message to find out more about your rights during the divorce process.