While men and women now have equal rights in divorce cases in every state, men may still experience unique challenges. There can be a disconnect between the laws and the reality of the situation.

If you are a man considering divorce, it is important to be aware of how the laws can have unexpected consequences. For example, men are more likely to be the primary financial providers for their families, and they may be required to pay alimony or child support. Men may also have difficulty getting custody of their children.

It is important to retain a skilled Tarrant County men’s divorce attorney to help you protect your rights and interests. A good divorce lawyer can help you navigate the complex legal process and ensure that you get a fair outcome.

Here are some additional tips for men going through a divorce:

Be honest and upfront with your lawyer about your finances and your relationship with your spouse and children.
Be prepared to provide your lawyer with all relevant documentation, such as financial statements, tax returns, and child custody records.
Be prepared to compromise. It is unlikely that you will get everything you want in a divorce, so it is important to be willing to compromise to reach an agreement.
Be patient and understanding. Divorce can be a long and difficult process, but it is important to remember that it is temporary.

You deserve to have a fair and equitable divorce. With the help of an experienced divorce lawyer at The Law Offices of Richard C. McConathy, you can achieve the best possible outcome for you and your family.

Child Custody Decisions

Men need to understand that Texas Family Code § 153.002 states that the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Furthermore, Texas Family Code § 153.003 also provides that the court shall consider the qualifications of the parties without regard to their marital status or the sex of the party or the child in determining which party to appoint as sole managing conservator; whether to appoint a party as joint managing conservator; and the terms and conditions of conservatorship and possession of and access to the child.

This means that the tender years doctrine, an outdated legal concept that gave mothers an advantage in child custody cases based on the belief that young children needed their mothers more than their fathers, is no longer the rule of thumb. Fathers used only to be able to gain custody if they could prove the mother was unfit.

As scientific research has expanded, we now know that fathers play an important role in their children’s lives. The legal standard has shifted from the tender years doctrine to the best interests of the child standard. This standard focuses on what is best for the child, regardless of the parent’s gender.

This shift in the law has been beneficial for fathers, who are now more likely to be awarded custody of their children. However, there is still a gender bias in the family courts, and fathers may still face challenges in obtaining custody.

In In the Interest of K.L.S, 665 N.W.2d 440 (Iowa Ct. App. 2003), the Eleventh District Court of Appeals of Texas affirmed a trial court’s decision to appoint K.L.S.’s father as K.L.S.’s sole managing conservator, give the father certain exclusive rights, including the exclusive right to designate K.L.S.’s primary residence without any geographic restriction, appoint the mother as K.L.S.’s possessory conservator, and order that the mother have supervised visitation with K.L.S. for two hours on the Saturdays following the first, third, and fifth Friday of each month as well as daily electronic access to K.L.S. “Without the presumption that Mother should be named a joint managing conservator, there was sufficient evidence to support the trial court’s determination that it was in K.L.S.’s best interest for Father to be appointed the sole managing conservator,” the court wrote.

A court will consider many factors when determining the best interests of a child in a custody case, including:

The child’s current and future emotional and physical needs
Each parent’s ability to provide for the child’s emotional and physical needs
The stability of each parent’s home environment
The existence of or potential for emotional or physical danger to the child
The parental abilities of each parent
The programs available to assist the parents in promoting the best interests of the child
The parent’s plans for the child
The acts or omissions of the parent that may indicate the existing relationship is improper
Any excuse for the acts or omissions of the parent
The child’s wishes (for older children)

The court will weigh all of these factors and make a decision that is in the best interests of the child.

It is important to note that there is no one-size-fits-all answer to the question of what is in the best interests of a child. The court will consider the specific facts and circumstances of each case.

If you are involved in a custody case, it is important to have an experienced divorce lawyer on your side. A good lawyer can help you gather evidence and present your case in a way that is persuasive to the court.

Property Division

Texas Family Code § 7.001 states that the general rule of property division in Texas is that in a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Texas is a community property state, which means that all marital property is considered to be owned equally by both spouses, unless one spouse can prove otherwise.

Texas courts are required to divide community property in a way that is “just and right,” but this does not necessarily mean an equal division. Instead, the court must consider the rights of both spouses when making a decision.

Here are some factors that a Texas court may consider when dividing community property in a divorce:

The length of the marriage
The contributions of each spouse to the marriage, both financial and non-financial
The needs of each spouse
The age and health of each spouse
The earning capacity of each spouse
The debts and obligations of each spouse
The tax consequences of the division of property

The court will also consider the best interests of any minor children when dividing community property.

If you are going through a divorce in Texas, it is important to have an experienced divorce lawyer on your side. A good lawyer can help you understand your rights and interests, and can represent you in court to ensure that you get a fair outcome.

Child Support

Child support is one of the most contentious issues in divorce, especially for men. Many men assume that they will automatically have to pay child support, but this is not always the case.

In most cases, physical custody, or the amount of time a parent spends with a child, is the primary factor in determining who pays child support. Typically, the parent with the least amount of physical custody, known as the possessory conservator, pays child support to the parent with the most amount of physical custody, known as the managing conservator. However, there are exceptions to this rule.

In one divorce case in Tarrant County, S.L. v. S.L., No. 02-19-00017-CV (Tex. App. Jul. 30, 2020), the court named the parents joint managing conservators and designated the mother as the primary decision-maker for their son’s residence, healthcare, and education. However, the court also ordered the mother to pay child support to the father.

The mother appealed the decision, but the 2nd Circuit Court upheld the trial court’s ruling. The appellate court found that the mother’s average monthly income far outweighed the father’s, that the father’s monthly expenses exceeded his monthly income, that the father could not afford to pay for the son’s activities when the son was with him on weekends, and that the mother wanted the son to have a comparable living situation in both homes if possible.

In this case, the appellate court’s decision is a reminder that Texas courts have the discretion to order child support to be paid by the parent with more physical custody, even when the other parent is the primary decision-maker. If you are going through a divorce in Texas and have questions about child support, it is important to consult with an experienced divorce lawyer.

The court will consider a number of factors when determining whether to order child support to be paid by the parent with more physical custody, including:

The income and expenses of each parent
The needs of the child
The standard of living that the child enjoyed during the marriage
The child’s relationship with each parent
The child’s wishes (for older children)

The court will also consider the best interests of the child when making a decision about child support.

If you are ordered to pay child support, you may be able to modify the order if your circumstances change significantly. For example, if you lose your job or have a medical emergency, you may be able to ask the court to reduce your child support payments.

Alimony/Spousal Support

Spousal support, also known as alimony, is another contentious issue in divorce, especially for men. However, Texas courts seldom award spousal support to either party, regardless of gender.

The Texas court will only award spousal support if the spouse seeking maintenance is unable to meet their minimum reasonable needs after the divorce is finalized. If a party is awarded sufficient assets in the final decree of divorce, the court will rarely consider them eligible for post-divorce spousal maintenance under Texas Family Code § 8.051.

The law specifically states that a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court can order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:

the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Texas Family Code § 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:
within two years before the date on which a suit for dissolution of the marriage is filed; or
while the suit is pending; or
the spouse seeking maintenance:
is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

Here are some factors that a Texas court may consider when determining whether to award spousal support:

The length of the marriage
The financial resources of each spouse
The earning capacity of each spouse
The needs of each spouse
The contributions of each spouse to the marriage, both financial and non-financial
The age and health of each spouse
The tax consequences of the award

The court will also consider the best interests of any minor children when making a decision about spousal support.

If you are going through a divorce in Texas and have questions about spousal support, it is important to consult with an experienced divorce lawyer. A good lawyer can help you understand your rights and interests, and can represent you in court to ensure that you get a fair outcome.

Spousal support is typically awarded for a limited time period, but it can be awarded on a permanent basis in certain cases. For example, if one spouse is disabled or elderly, the court may order the other spouse to pay spousal support for the rest of their life.

If you are ordered to pay spousal support, you may be able to modify the order if your circumstances change significantly. For example, if you lose your job or have a medical emergency, you may be able to ask the court to reduce your spousal support payments.

Divorce for Men Attorney in Tarrant County, TX

If you are a man who is entering the divorce process in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, Texas, you do not have to try to figure everything out on your own. The Law Offices of Richard C. McConathy knows how many challenges can arise for men during a divorce, and we will work closely with you to help you overcome every obstacle and achieve the most desirable results in every situation.

Call (817) 422-5350 or contact us online to set up a free consultation that will allow us to take a longer look at your entire case and outline what you can do to protect your rights. You should also know that we have extensive experience handling all kinds of domestic violence issues, such as cases involving alleged child abuse.

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