by Jake Adams
It’s no secret that the legal market is a crowded one. Some innovative attorneys are employing niche marketing strategies to separate themselves from the rest of the pack. One such niche that seems to be taking hold is Divorce for Men. The Wall Street Journal recently published an article addressing this marketing strategy.
The most telling phrase in the article describing the marketing strategy toward divorce for men can be found at the top of the article: “appealing to men who fear getting a bad deal.”
Appealing to fear is not a marketing strategy I believe in. When it comes to divorce, the antidote for fear is knowledge. That’s one of the reasons I created the Mississippi Divorce Law Blog, and constructed the Divorce FAQ page. I believe that the more information clients have, the less they fear. It’s the unknown that’s scary.
In this lawyer’s opinion there’s no way to specialize in “male representation.” An attorney who is well equipped to represent a woman in a divorce will be just as well equipped to represent a man. The law is the same no matter which gender is represented.
For example, there’s not a custody law for men. There’s also not a statute specifically addressing women and alimony. These laws read the same and apply the same, no matter the gender.
The Albright analysis (used by Courts in determining the best interest of the child with regard to custody) is applied to men the same way it is applied to women. Furthermore, the Ferguson factors employed for determining the division of marital property and the Armstrong factors for determining appropriateness of alimony are all meant to be applied in the same fashion.
Mississippi law is developed to the extent that in cases of divorce gender is of no consequence. Facts, however, are hugely important. As attorneys, we can’t change the facts. We also can’t change our client’s gender (thank goodness). But what we can do is help our clients determine what facts will be most helpful in helping them win and/or defend their case. We can also advise our clients as to what the law says according to the facts presented.
Gender doesn’t win or lose a case, but facts can and do. So whether you’re a man or a woman…just give me the facts.