Father’s rights during a divorce extend beyond the right to custody of children. Many fathers find themselves fighting for property. When fathers and mothers cannot agree on division of property, courts make the decisions. A father’s rights lawyer will help a dad who is battling for property during a divorce, putting together a case that considers the rights of the client.
State laws determine the method used to divide property during divorce. Several states are community property states where each spouse retains his or her separate property and the remaining community property accumulated during the marriage is divided evenly based on the value of the marital estate. Other states use equitable distribution laws that base decisions on fair or equitable distribution.
The family home is typically the most-contested item in property disputes during divorce. Circumstances dictate who get the house and this is where father’s equal custody rights come into play. If the father is awarded primary or sole custody, the home will generally be awarded to him. If the father purchased the home with his own funds and is not awarded custody, a lawyer may be able to build a case for awarding the home or an equivalent value to the father.
From a legal standpoint, neither spouse has the right to ask the other spouse to leave the home. If the spouses cannot come to an agreement, the court will make the decision based on state law and property system. Fathers should retain attorneys to help them fight for their right to retain this property, which is typically the most important asset held by the couple. If fathers choose to represent themselves in court, they may not fully exercise their rights, giving them a greater chance of losing the case.
A property settlement agreement puts property division decisions in writing. Some agreements also include child custody, child support, and spousal support decisions. No matter how restrictive or comprehensive this agreement is, it can be incorporated into a divorce decree to become a legally binding component of the final divorce judgment.
Father’s rights to property during a divorce can be based on several factors. Hiring an attorney is the best way to understand and exercise these rights. With the help of this legal expert, fathers can fight for the property to which they are entitled and stand a good chance of coming out on the winning end of the dispute.
