Divorce is often surrounded by misconceptions that cause unnecessary stress for those involved. Understanding the realities of divorce can help alleviate some of the anxiety and confusion.
Myth 1: Divorce is always expensive and lengthy
Many believe that all divorces are expensive and drawn-out processes. While some divorces can be costly and take a long time, this is not always the case. The cost and duration of a divorce largely depend on the complexity of the issues and the level of conflict between the parties.
Myth 2: Mothers always get custody of the children
Another common myth suggests that mothers always get custody of their children. In reality, custody decisions depend on the best interests of the child, not gender.
New York courts consider several factors, including each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the child’s needs. Fathers can and do receive custody when it serves the best interest of the child.
Myth 3: Adultery guarantees a larger settlement for the non-cheating spouse
Many people believe that if their spouse has been unfaithful, they will receive a larger settlement. However, New York is a no-fault divorce state, which means that the reason for the divorce, such as adultery, does not typically impact the division of assets or the determination of alimony.
The court focuses on equitable distribution, which aims to divide marital property fairly based on factors like the length of the marriage and each spouse’s financial circumstances.
Myth 4: You must go to court to get a divorce
The idea that all divorces end up in court is a common misconception. Many divorces settle outside of court through negotiation, mediation, or collaborative divorce processes. These alternatives provide a less adversarial and more cooperative way for both parties to reach an agreement without a court battle. This approach saves time, money, and emotional stress.
Understanding divorce myths reduces stress
Understanding the realities of divorce helps dispel common myths and reduces the associated stress and confusion. Approach divorce with accurate information and an open mind, considering all available options for a fair and amicable resolution.
