What Is the Best State to Get Divorced in for Men?
What is the best state to get divorced in for men? Explore top options and make the best decision today. Dive into our analysis now!
According to Psychology Today, women initiate two in three divorces. Factors like having an unsatisfactory relationship, a spouse with behavioral problems (e.g., abusive or disruptive), and infidelity are just some of the top reasons they choose to leave.
However, not all divorces are like that, leaving some men divorced against their will. In many cases, they’ve done their best to make the relationship satisfactory and haven’t engaged in adultery or abuse. And for others, it’s them who wish to leave.
This brings us to the question, “What is the best state to get divorced in for men wishing to initiate the process?” It’s a valid question, especially for males worried about experiencing a “quiet” bias.
In this divorce guide for men, our family law experts at Blattner Family Law Group will explore the answers and discuss their rights in divorce.
What Is the Best State to Get Divorced in for Men Wishing to Initiate the Process?
Strictly speaking, there’s no single answer to this because the word “best” can be subjective. So, it depends on what exactly you think makes a state the best for divorce, such as factors like:
- How soon you can get a divorce
- The cost of getting divorced
- How you regard “equitable” property distribution and division
- How the state handles alimony
- How the state determines child access, care, and custody
With those factors in mind, let’s explore which states best fit the bill.
State With the Shortest Divorce “Waiting” Times
In some states, a simple or uncontested divorce can take just weeks to finalize; in others, it can take months or even years. The wait time for divorce often has to do with the state’s mandatory:
- Residency requirements
- “Cool-off” or separation periods
- Processing times
All states have residency requirements, in which at least one of the parties must be a resident of or have resided in the state for a specified period. Many states also mandate a cool-off or separation period, in which the couple must live apart or separately for an uninterrupted time. Processing time refers to how long it takes the courts to analyze and finalize the dissolution of marriage.
Alaska has among the quickest divorce waiting times because it doesn’t require a separation period or a specific residency length. According to the Alaska Court System, so long as the filing spouse currently resides in the state, they can file for divorce.
The State That Costs the Least to Get Divorced In
Another way to answer the question of which state is the best for men to get divorced in is how affordable the process is. Factors that make divorce-favorable states the “cheapest” include:
- Divorce filing fees
- Lawyer fees
- Overall estimated cost of divorce
According to NewsNation, a Forbes study found that Kansas has the cheapest divorce costs. While the filing fee here is $402 (five times as much as North Dakota’s), its median divorce cost is only $6,341.19. On the other end of the spectrum is California, where the filing fee is even higher than Kansas’s at $435, and the median divorce cost is $10,159.
The State’s Property Distribution and Division Laws
Do you believe women’s and men’s rights in divorce should include having the right to a 50/50 property and asset division after divorce? If so, the states you’d likely consider “best” for men to get a divorce in are those with community property laws. In these states, all marital property is community property, meaning after a split, both parties usually get 50% each.
According to Smart Asset, only nine states automatically regard marital property as community property:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
In Alaska, a married couple can decide whether to have the law classify their marital property as community property. The rest of the states have equitable property distribution laws.
Equitable property distribution or division may sound the same as 50/50, but it’s not. Instead, it considers the following factors:
- Combined assets and debts
- Individual needs
- Each party’s financial contributions to the marriage
- Length of marriage
- Each party’s earning power, future employability, spending, and saving habits
In states with equitable property distribution, the goal is to divide things fairly for both sides. However, this doesn’t necessarily mean that each party will get exactly 50%.
The Best State for Gender-Neutral Alimony
Alimony is a monetary payment one spouse makes to the other for a specified period. It’s temporary in some states and permanent in others. Its goal is to provide financial support to spouses who may be unable to support themselves immediately or in the long term after a divorce.
Can Men Receive Alimony?
Contrary to popular belief, alimony divorce laws for men and women are equal. Men, like women, have the right to seek and receive alimony.
It’s just that, for the longest time, many married women have traditionally stepped out of the job market to take on household responsibilities and raise young children. For this reason, many have found themselves unable to support their financial needs after a divorce because they weren’t part of the workforce.
Things have changed, though. In some households, men have taken on household responsibilities and child-rearing. In this case, they have the right to alimony without gender bias.
Which State Has Gender-Neutral Alimony Laws?
All states implement gender-neutral laws, but some have taken more apparent actions. Maryland, for example, enacted its Equal Rights Amendment in 1972. As a result, the state’s courts have since required either a husband or a wife to pay alimony when applicable.
How Does Alimony Work in Maryland?
In Maryland, alimony can be temporary or “permanent.” The court may grant either during or after divorce or, in some cases, in both situations.
An example of when one party must pay temporary alimony is when the other spouse needs time to find gainful employment. The court may end the required payments once the party receiving the payments finds a job and has more stable finances.
The court sometimes rewards permanent alimony in cases wherein the receiving party can no longer support themselves financially. For instance, they may have a long-term illness or disability that restricts them from getting employed.
However, even permanent alimonies can end. An example is if the party receiving the payments remarries or starts living with a new romantic partner. In this case, the one making the alimony payments can have the court modify or stop the alimony requirement.
Another thing to note is that in Maryland, couples can agree on whether one spouse should pay alimony to the other before filing for divorce. So, if you live in the Free State and are considering divorce but unsure how to handle spousal support, speak with an alimony lawyer. They can help ensure payment agreements are fair and just, whether you’ll be the receiver or the payor.
How the State Handles Child Custody
In divorce cases involving children, all states consider the kids’ best interests when making custody decisions. However, their definitions of “best interests” differ. For instance, some may consider a child’s wishes part of their best interest, while others don’t.
Examples of How “Best Interest” Definitions Differ
Maryland allows for legal and joint physical and legal custody. With joint custody arrangements, both parents share child-rearing responsibilities and rights. However, the state also allows children 16 or older to petition for a change of custody.
Other states don’t consider the child’s wishes. Oregon is an example, as family courts usually don’t factor in children’s wishes and preferences in custody matters.
Then, there’s New Mexico, where family courts take children’s wishes in custodial matters more seriously. They allow children to state their preference for which parent they’d rather live with at any age.
States With High Shared Custody or Parenting Rates
In most states, family courts prefer to award joint custody to both parents as much as possible. However, some states do better than others in promoting this by encouraging shared parenting time.
For example, according to Fatherhood.org, in the latest (2022) Child Support and Shared Parenting Report Card of the National Parents Organization, only four states received an “A” grade:
- California
- Florida
- Kentucky
- Michigan
However, just because you don’t live in one of those four states doesn’t automatically mean you’ll lose your parental rights following a divorce. Still, you must do everything possible to protect your rights, which often starts with hiring a child custody lawyer. A child custody attorney can help you navigate and negotiate parental time and responsibilities with your former spouse.
Do You Need Help Navigating Divorce Laws?
As you learned in this guide, there is no single answer to the question, “What is the best state to get divorced in for men wanting to initiate the process?” It all boils down to one’s specific needs and preferences.
If you live in Maryland and are contemplating divorce but unsure whether to proceed, Blattner Family Law Group is ready to help. Our award-winning family lawyers have decades of combined experience in divorce, alimony, and child support. We can help protect your rights so you can focus on healing and coping with the stress and emotional toll of getting divorced.
Contact us today to schedule your complimentary initial consultation.