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5 myths about divorce

On Behalf of | Jun 4, 2023 | Divorce |

Many people want to get divorced but don’t because they’re misled about the complexity of the matter.

If you’re considering getting a divorce, then you may need to debunk some common misconceptions. Here’s what you should know:

Myth 1: You’ll lose everything if your spouse files for divorce first

Truth: How marital assets are divided isn’t dictated by who files for divorce first. The same can be said if you file for divorce first – you likely wouldn’t get all the marital assets. In New York, assets are divided equitably, or as fairly as possible.

Myth 2: It’s better to stay married when you have children

Truth: Parents often consider their children’s well-being first when considering divorce. Divorce can be greatly upsetting and children may not understand the complexity of the situation. People often think that divorce would be bad for their children. But, divorce may be better for children than parents realize.

Myth 3: Mothers always get custody rights

Truth: There’s a common myth that mothers have full custodial rights after divorce. But, the truth is that courts consider the best interest of the child when deciding parental rights. This means that each parent gets a fair chance at custody, which is often shared.

Myth 4: Your spouse must agree to the divorce

Truth: Many people file for divorce only for their spouses to refuse to sign any papers. This can seem like divorce is impossible. But, there are still several options for getting a divorce, such as getting a default divorce.  

Myth 5: Divorce can often be settled without legal help

Truth: It often helps people to reach out for legal help when getting a divorce. By understanding your legal options, you can make informed decisions and have an outcome that’s favorable to you.