Laws and Perception Surrounding Divorce Change Over Time

Parents entering a divorce may understandably be anxious about how a number of important issues will be resolved. The amount one parent receives in child support and alimony, which assets go to which spouse and how the parents decide to arrange child custody will affect former couples’ lives for many years going forward.

According to an article in the Wall Street Journal, some fathers are seeking out specialized legal counsel that can help them achieve a fair outcome in these issues. Merited or not, the perception around divorce has been that men do worse when it comes to such matters as custody and support payments. For example, last week’s post discussed a movement to reform alimony in New Jersey, which is largely viewed as a husbands’ cause, though it does have its female supporters.

But reality is changing. Many states have passed family laws that are gender-neutral and favor neither parent. The so-called father’s rights movement may have contributed to laws across the country that now prefer shared custody. In some cases, old paradigms are being turned on their heads. As spouses achieve greater financial equality, some judges have ordered some ex-wives to pay child support and alimony to their former husbands.

Still, long-held perceptions die hard. Litigating a divorce, however, can result in significant costs in time, money and emotional reserves. Some couples may be suited for a more amicable forum to resolve their divorce issues. For couples who are willing to work through their divorce, alternative dispute resolution can avoid the expenses of a divorce trial.

Source: The Wall Street Journal, “Lawyers Carve Out ‘Divorce for Men’ Niche,” Jennifer Smith, July 23, 2012.

• Alternative dispute resolution, or ADR, is an umbrella term that includes a number of non-trial options. If you would like to learn more about our firm’s practice, please visit our New Jersey divorce page.