Busting Up Myths about Divorce

September 27, 2012

When someone goes through divorce, lots of people rush to their aid to provide advice. Sometimes what is intended as helpful advice is not entirely accurate and may actually provide a disservice by wrongly setting expectations. This article will address and dispel some common myths that surround divorce.

One of the most common myths that surround divorce is one based on the cause of divorce -- truly knowing your partner. Although many people believe that living together before marriage reduces the likelihood of divorce, recent studies show that couples who live together before marriage have a greater likelihood of divorce during the first 10 years of marriage. But, one study concluded that the reason a couple moves in together considerably impacts whether divorce will occur. If a couple moves in together as a step towards marriage, the couple does not have an increased risk of divorce.

Another myth that surrounds divorce is that no-fault divorce is quicker and cheaper than an at-fault divorce. New York was the last state in the country to adopt a no-fault divorce law in 2010, eliminating the need for one partner to be held responsible for the end of the marriage. While no-fault divorce in New York was supposed to quicken the divorce process, some judges have called for trials to determine whether a divorcing couple's marriage is "irretrievably broken" under the new law. No matter the type of divorce, the length and expense of a divorce usually has more to do with settling child custody, child support, spousal maintenance and property division issues than determining who is at fault.

Similarly, many people believe that a spouse who cheated will be punished during the divorce process. In an at-fault divorce, infidelity may provide appropriate grounds for divorce, but in a no-fault divorce the court is not interested in "who did what" for the purposes of the divorce itself. However, the actions of the parties will be considered by the court in other areas of the decision, especially for child custody issues.

Many people also believe that mothers always win child custody. Today, courts favor joint or shared custody arrangements, and New York courts do not favor either parent more than the other. Under New York law, the child custody decision is based on the best interest of the child.

The final misconception is that a divorcing couple's assets and debts are divided 50-50. New York is an equitable division state, which means the marital assets and debts of the divorcing individuals will be divided in an equitable but not necessarily equal fashion. An equitable division of assets is based on the facts of the case, and the division of property is intended to fairly represent the contributions each person brought to the marriage.

If you have a question about divorce, contact an experienced family law attorney to discuss the facts and review your legal options.

Article provided by Law Offices of Raymond Cash, P.C.
Visit us at http://www.queens-nassaufamilylaw.com