Going through a divorce can be a sad, frustrating and stressful time, especially for men. There’s a lot of confusing laws that vary by state. You may not be sure how you’ll come out of this case financially. If there are kids involved, things are even more complicated. That’s why you must learn as much about divorce as you can so you can try to get what you want out of it.

Nowadays it is not uncommon for a father to get primary custody of the children, especially if the father was the primary caretaker of the children during the marriage. Even if you have not performed the primary caretaker role during the marriage, you will be granted joint conservatorship of the children so long as there has been no family violence, no child abuse nor neglect, or issues concerning an unhealthy or dangerous lifestyle.

When a court is considering the qualifications of the parents and their ability to care for the children, the court is not allowed to discriminate based on the sex of the parent. TFC §153.003. Courts
have ruled that “ A father who steps forward, willing and able to shoulder the responsibilities of raising a child should not be required to meet a higher burden of proof solely because he is a male.” In re McLean, 725 S.W.2d 696, 698 (Tex.1987).

Another alternative is a split possession schedule which can allow the parents to each have quality time with the children to maintain a sense of stability for the sake of the children. The bottom line is the parents need to decide what is best for the children so both parents can play a major role in the children’s lives.

If you are contemplating a divorce, it is time to call the Law Office of Leigh Ann Schenk to schedule a consultation in order to make an informed decision.

Overall Tips

  • Make sure to prioritize. Don’t expect to get everything, so list the main things you want in order from most to least important and aim for those.
  • Keep your financial matters in mind. These can include stocks, credit cards, insurance, retirement, equity in the community, the estate and much more.
  • Try your best to cooperate with your spouse. Even if you disagree on everything else, working together on this can help make the divorce go smoother and even be more affordable.
  • Don’t move out yet. Doing so can negatively affect your chances of owning the house or having custody of your children. Consult Schenk Law before you make any major moves.
  • Speaking of children, don’t forget about how this will affect your kids. They’ll be affected emotionally and physically, so try to lessen the negative consequences by staying kind to your spouse.
  • Come up with a plan afterward. Not just financially, but emotionally, since cases like this can be draining.

Consulting an Attorney

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