When it Comes to your Divorce Terms, your Gender Means Nothing

In the eyes of the law, men and women are treated equally. This means what when you work through the divorce process, your gender does not play into how your property is divided or how your child custody arrangement is set up.

Speak with an experienced divorce lawyer to learn more about what to expect from the divorce process.  Rather than assuming that you will be given more or less time with your child or be required to pay alimony because of your gender, educate yourself about how the court actually determines the terms of a divorce settlement.

Yes, Women Can Pay Alimony

Alimony is money paid from one partner to the other to prevent him or her from experiencing financial ruin after the couple’s divorce. Traditionally, women were the primary recipients of alimony because men were the breadwinners. However, many women today earn more money than their husbands and many men choose to stay home with their children, providing for them and the household. In this type of scenario, a woman may be required to pay her former husband alimony.

Parenting Fitness is Based on Previous Actions, Not on Gender

In Florida, parents do not have “custody” of their children. Rather, they have a time-sharing arrangement, which is created by the court to best meet the child’s needs. The factors the court uses to determine the right time-sharing agreement for a divorcing couple’s child are included in Chapter 61 of the Florida Statutes. A few examples of the factors included in this statute are:

• Each parent’s mental and physical health;
• The child’s preference, if the child is determined to be mature and old enough to be able to make an informed, logical choice regarding where he or she lives for the majority of the time;
• Each parent’s previous record of interactions with the court;
• Each parent’s role in the child’s day-to-day life, such as his or her involvement with the child’s school; and
• Each parent’s ability to provide a stable, consistent routine for the child.

Note that none of the factors listed above specify the parent’s gender. This is because your gender has no bearing on your ability to parent your child.  In the past, there was a preference for mothers to be given a larger share of custodial time for young children because the prevailing thought then was that women were better equipped to care for young children.  This was known as the tender years doctrine, and it has been abolished in Florida.  Despite it being abolished, many individuals are still under the impression that mothers are favored in family court, and this simply is not true. If you are a father, you have the same right to parenting time with your child as your former partner.

Work with an Orlando Divorce Lawyer

If you are considering filing for divorce in or around Orlando, you need to work with an experienced divorce lawyer.  Contact Goodblatt · Leo today to set up your initial legal consultation with a member of our firm.  We are a team of experienced divorce lawyers who can answer any questions you have about the divorce process or what to expect from it given your unique circumstances.