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With a prenup, divorcing couples can avoid gender bias

In popular culture and the media, divorce often seems to be a losing battle for men: they may have to struggle to retain their home or property, they may have to fight to keep their kids, and they may even have to counter character assassination in the courtroom.

However, gender-specific consulting helped one Texas man feel more confident during his divorce. Signs point towards increased use of these practitioners, whose precautions echo those found in a prenuptial agreement.

Marital dissolution has become such a challenge for some men that many divorce lawyers and family law firms are most marketing themselves exclusively to this demographic.

Advice from his own marriage counselor led the man to seek out a Texas-based divorce firm that specializes in combating gender biases. Recurring issues for men in divorce can include restraining orders, property division, and child custody.

Additional concerns surround paternity, false reports, and miscellaneous financial matters.

Finances, of course, can affect the outcome of a divorce on multiple levels. Simple divorces can sometimes cost more than expected, and lengthy divorce "battles" can drain the pocketbooks of both men and women.

As a result, individuals of both genders can benefit from a prenuptial agreement as much as from an explicitly pro-male (or pro-female) divorce firm.

For instance, prenups offer couples a chance to sort out their finances and property when they're in a clear state of mind, tough to come by in the midst of a breakup.

In addition, prenuptial agreements give couples time to review, rehash, and reexamine the small details, as well as the larger picture, of a potential split. This time is of the essence in a divorce case, when both parties are often rushed and prone to snap judgments and decisions.

A judge or jury's gender bias certainly has the potential to affect the outcome of a divorce case for both husbands and wives. However, thorough prenuptial agreements can give parties a head start in safeguarding their own process against prejudice.

Source: The Wall Street Journal, "Lawyers carve out 'divorce for men' niche," Jennifer Smith, July 23, 2012

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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