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In Divorce, Women No Longer Have All the Power
from: Howard IkenThe stories go something like this: "She took the house, she
took the car, and then she took my children away." For many
years the process of divorce was a process heavily biased toward
women, to balance out the fact that it was a man's world.
Traditionally, women were considered the weaker sex. They were
the sex to be protected and protected they were - when it came
to divorce.
This principle was also directed embedded in the divorce law of
many states. In Florida and many other states, there was a
principle known as the "Tender Years Doctrine." In short, the
law said the place for young children was with their mom. A
man's right's to become the custodial parent was trampled on and
completely ignored. Possession of the marital home usually went
to the parent that received the children. Right off the bat, the
initial position of the courts was to award the house and
children to the mom. Though women did benefit from this system
the effect was to short change 50% of the population - men.
Societal developments in the past few decades have remedied some
of the power imbalances between the sexes. One of those
imbalances that changed in Florida law is the legal preference
for women as custodians of children. The "Tender Years Doctrine"
was abolished in Florida and custody law was rewritten to be
gender neutral. Judges were directed to consider certain factors
in a custody determination.
Bay But none of those factors mention children. In Florida,
child custody law became completely balanced and both sexes
gained equal rights to ask for the minor children in a divorce
action.
Because of this change more men are successfully seeking custody
of their children. With custody, possession of the marital home
does not automatically go to the mom. Divorce Attorney Howard
Iken notices more women still get custody of the children. But
that will change over time now that the law is more even handed.
In divorce, women no longer have all the power. Now, divorce is
more even playing field and men don't automatically lose
everything.
About the author:
About The Divorce Center: Howard Iken is the founder and
managing attorney. He represents divorce clients in Tampa,
Clearwater, St. Petersburg, New Port Richey, Pinellas, Pasco,
and Hernando County, Florida. For more information, call his
toll free number at 1-888-4My-Divorce (1-888-469-3486). Get a
free education on divorce issues by visiting
http://www.18884MyDivorce.com
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