Going through a divorce can be a daunting and emotional experience, especially when surrounded by misconceptions and myths. As you go through this challenging time, it is essential to separate fact from fiction and get accurate information to make informed decisions.
Myth: Mothers always get custody
This myth stems from historical gender roles, where women are seen as the primary caregivers in a family. But New York courts prioritize the best interests of the child, not the gender of the parent. They consider factors like the child’s relationship with each parent, their home environment and their physical and emotional well-being when deciding on custody.
Myth: Divorce takes years to finalize
While complex cases may take longer, the average divorce in New York takes around 3-6 months to finalize. Filing for an uncontested divorce can expedite the process.
Myth: You need to prove fault to get a divorce
In reality, New York is a no-fault state. You do not need to prove your spouse’s wrongdoing to get a divorce. You can file for divorce citing “irreconcilable differences” or “living separate and apart” for at least one year.
Myth: You will lose everything in the divorce
New York follows an equitable distribution approach, dividing marital assets fairly, but not necessarily equally. This means you may retain some or all of your assets, depending on the circumstances.
Why legal representation matters
Debunking these myths is just the first step. The overall divorce process can be complex and emotionally draining. That is why it is crucial to have an experienced and compassionate legal representative by your side. They can help you make informed decisions, protect your rights and interests, develop a strategy fit to your unique situation and communicate effectively with your spouse and their legal team.
Empowering you for a fresh start
Do not let myths hold you back. Instead, focus on finding a resolution that works for everyone involved. By seeking accurate information and guidance, you can take control of your situation and create a better future for yourself and your loved ones. Remember, divorce is not a failure, but an opportunity for a fresh start.