Divorce is never easy, but learning about the process can help you avoid unnecessary stress. A myriad of misconceptions circulate about divorce, and they cause people to make mistakes that compromise their personal or financial interests.
These five myths are particularly common yet entirely untrue:
- Living together before getting married decreases the chance of divorcing;
- Mothers are the default custodial parent;
- A no-fault divorce is faster and cheaper than a fault divorce;
- Judges split all assets equally;
- And you should always stay in the marital house – even if you or a loved one is unsafe.
Although the Internet has plenty of information about divorce in New York, there is no substitute for the advice of a family lawyer. A Brooklyn divorce attorney from the Elliot Green Law Offices can answer your questions and protect your interests
Call 718-260-8668 to schedule a free consultation. In the meantime, read on to learn five misconceptions about divorce:
Misconception 1: Living together before getting married decreases the chance of divorcing.
Couples who live together before getting married actually have a higher chance of divorce. As the Wiley Online Library explains, this factor is less important than other aspects of the relationship, such as the reason why a couple moves in together, and the state of the relationship when they make the decision.
Misconception 2: Mothers are the default custodial parent.
There is a common misconception that judges favor awarding physical custody to mothers. However, joint physical and legal custody is usually the best arrangement. Ultimately, the custody order should reflect the best interests of the child, and that usually involves having both parents in his or her life.
Misconception 3: A no-fault divorce is faster and cheaper than a fault divorce.
Many people believe that a no-fault divorce – whereby you get a divorce without having to prove grounds – is quicker and cheaper than a fault divorce. However, the cost and length of the divorce proceedings depend on several factors. If a couple cannot agree about key issues, or if there are many assets to divide, then even a no-fault divorce can be a complex legal matter.
Misconception 4: Judges split all assets equally.
The judge will attempt to divide all assets fairly and equally between both spouses. However, this does not always mean that each spouse will get 50 percent of every marital asset. For example, one spouse may receive a physical asset, such as a house or a car, while the other receives more liquid cash.
Misconception 5: You should always stay in the marital house – even if you or a loved one is unsafe.
In some situations, it is best to remain in the marital home while the divorce is ongoing. However, you should never stay in the home if you or a loved one is unsafe.
Get your divorce attorney’s approval before you move out. There may be administrative steps to take that will protect your interests.
If you are going through a divorce in New York, contact the Elliot Green Law Offices. As a Brooklyn child custody attorney, Elliot Green can handle the legal aspects of your divorce and child custody battle so you can focus on your personal well-being. Call 718-260-8668 today to schedule a free initial consultation.
