Divorce Lawyers for Men in California

Be careful dads before you hire the wrong attorney

Divorce Lawyers for Men – Be Careful Dads Before You Hire the Wrong Attorney

How do men choose the right divorce lawyer?

We have written in the past about father's rights in California. We have cautioned dads about getting caught up in family law cases' man versus woman nonsense.

A father's rights in child custody and divorce cases are best obtained and enforced through intelligent representation, not the "aggressive" (whatever that even means) rah-rah bull that many lawyers who try to play on a father's emotions sell.

And this is what this article is all about - not being "sold" on that nonsense. How can you tell facts and truth from fiction if you are a guy searching for a divorce lawyer? Here are some tips.

Divorce lawyers for men and the "bias" sell

When a father is searching for a divorce lawyer, the lawyer's salesperson tactic of claiming "bias" comes in different forms.

Some lawyers are actually brazen enough to tell fathers that "the family law system is biased against men." That is a lie.

These lawyers fall into the foolish and desperate category and are probably used to losing in court.

If you actually hear this from any attorney, walk the other way

Before you do, ask them what "system" they refer to and, if you have the time, quote them this part from California Family Code section 3040.

"...In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order...

...(c) The court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interest of the child under subdivision (a)."

In other words, none of the above matters, and when searching for a divorce lawyer, men should know the law specifically forbids family law judges from considering a parent's gender.

The more subtle salesperson tactic related to bias when a dad is searching for a divorce lawyer comes in the form of stating that fathers have to work a lot harder and spend much more money to enforce their "father's rights."

We talk about this more later in this article, but the unscrupulous lawyer tells his prospective client that he has to work much harder and become unreasonable and inflexible to get a fair result when enforcing his paternal rights, thereby implying that effective and intelligent representation won't be enough.

Both of these sales tactics are garbage intended to sell the father, who is looking for a divorce lawyer, not actually provide legal advice.

Divorce lawyers for men and the "over-aggressive" selling lines

The over-aggressive tactic also comes in different forms, and I have seen the nightmare stories where fathers come to our law firm after the fact and try to clean up what they and their lawyers screwed up.

Words like "taking her down" and "going for the jugular" and every variation you can think of come with these tactics.

The lawyer tries to tell the father that he has to be difficult to get results, that the father must litigate everything and become uncompromising to teach the mother a lesson and, with that, be willing to spend a lot of money on lawyer's fees.

If this is the advice you receive, before you hire the lawyer, ask him or her about Family Code section 271, which states, in part:

"...the court may base an award of attorney's fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys."

Fathers, like mothers, are susceptible to monetary sanctions against them for over-aggressive litigation.

Divorce lawyers for men and the unethical tactic

The first two are bad. The third is the worst.

Some divorce lawyers for men actually try to persuade their clients to break the law by hiding assets, money, making false allegations, or exaggerating facts.

These lawyers are asking you to break the law and expose yourself to far worse than monetary sanctions but a serious breach of fiduciary duty claim or the loss of all of your custody rights. They are also telling you they are willing to break the law.

How desperate does a divorce lawyer have to be to give such advice?

The answer is desperate enough to say anything to get your business.

Fathers who hire these lawyers have nobody to blame but themselves, and there is no excuse for retaining such representation.

If you get such advice, know that the lawyer will likely deny he or she ever told you such a thing. You won't have as an excuse that "my lawyer told me to do it" when the judge hits you hard with a breach of fiduciary duty claim and fees or takes your custody rights away.

Divorce lawyers for men and experienced, intelligent representation

Graphic of daughter straightening a father's tie

Don't sell yourself or your children short.

Divorce doesn't have to be a war, despite what the fools try to sell you.

If your wife wants one, there is a right way to handle her and her lawyer, and hiring an attorney who tries to sell you on bias, over-aggressive, or unethical representation isn't the way.

Our talented divorce attorneys are ready to help you. Call us today for an initial strategy session, and we will help you get your case started or back on the right track.

We have offices in Orange County, Los Angeles, and San Diego.

How about some additional reading?

Check out our article on fathers' rights in California and winning in family court in the face of false child abuse allegations, as well as our popular article on divorcing a narcissist spouse.

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