The divorce process can be emotional, complicated, and just plain difficult. If you are going through a divorce, you are likely to receive advice from every which direction, but before listening, make sure you know the facts. However well-intended the advice, many people have very incorrect perceptions of how divorce works in New York. So, before you follow inaccurate advice, make sure you know fact from fiction by reviewing these common divorce myths.
The spouse “at fault” for the divorce will lose everything.
Actually, New York is a no-fault divorce state. This means that the reason for divorce does not impact the way in which alimony, custody, asset division, or any other aspect of the divorce is handled. Whether or not adultery, abandonment, or other issues caused the divorce, both parties are to be treated equally.
Courts always award custody to the mothers.
If you shared children in your marriage, your divorce will also come with child custody arrangements. Contrary to popular belief, mothers do not always get the kids. In divorces where both parents want custody, the court will consider what is in the best interest of the child, not the gender of the parent.
You can’t get a divorce if your spouse does not consent.
Even if your spouse refuses to sign the divorce papers, you may still be able to obtain a divorce in New York. The Supreme Court Judge may grant a divorce is one spouse files an action for divorce in the Supreme Court, even without the consent of the other spouse.
If my retirement funds and pensions are in my name, they will belong to be after the divorce.
Regardless of whether or not your pensions or retirement funds are in your name, they may still be considered marital assets. In the state of New York, anything acquired during the marriage, including businesses or properties, are considered marital assets and could be split between both spouses.
For help with your divorce, contact Eiges & Orgel, PLLC to speak with our NYC divorce attorneys.