How to Divorce Your Wife – Key Pointers

What You Need to Know About How to Divorce Your Wife

If you are reading this article, you have probably suffered a breakdown in your marriage to the point where you just want to know how to divorce your wife.  It is important to understand that in modern times, it really does not make much of a difference which spouse is the one seeking a divorce.

Wives are not technically favored anymore

Divorce law has historically reflected gender stereotypes.  For example, the law tended to assume that wives would not be able to support themselves without a husband, so they would need alimony (spousal support payments) from their ex-husband until they got remarried.  

Additionally, most American states followed the Tender Years Doctrine, which says that children, especially young children in their “tender years,” should live with their mother. For that reason, ex-wives were almost always awarded custody and ex-husbands were almost always ordered to pay child support.  It usually did not matter if the husband was a great father or even if he stayed home to care for the kids while the mother worked (that situation was pretty much unheard of anyways).

Today divorce law are technically gender neutral.  That means that a mother should not be favored over a father in custody proceedings.  

Most states favor joint or shared custody, where the child spends time with both parents.  If the child will be better off living with the father, however, then the father will usually get custody.  

Wives are not technically favored anymore

The law favors a clean break

As mentioned above, courts used to routinely order ex-husbands to pay support for the ex-wives until the ex-wives could get remarried.  

This could put tremendous burdens on the ex-husband, and there are very serious philosophical questions about why someone should have to indefinitely pay support to his ex-wife while she was not working.  Now those days are gone.

Today, divorce courts try to give each spouse a clean break.  That means that the couple will settle their money issues at the time of divorce, and then each spouse will be responsible for their own lives from that point on.  

Indiana is a typical example, which has recently had its divorce outcomes studied to some degree.  

Alimony is now only allowed in Indiana if-

(1) One spouse cannot be self sufficient because of a disability

(2) It is needed to provide for a spouse that is supporting a disabled child

(3) It is necessary for a three-year “rehabilitative” period intended to give a homemaker time to develop skills for the workplace

Courts can use other methods besides alimony to take care of a spouse that was unfairly harmed by the divorce.  For example, if your wife stayed home and put her career on the back burner in order to put you through medical school, then a court will be tempted to say it is unfair for you to be the only one to benefit from the medical degree.  

Instead of making you pay alimony, through, a court may simply say that your wife is entitled to a larger split if your joint assets.  The assets may be split 70/30 instead of 50/50.

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