Common Divorce Myths

Divorce is a difficult and highly emotional process for everyone involved. When you are going through a divorce, everyone around you is quick to volunteer advice about your divorce. However, there are many misconceptions about New York divorce law that you should be aware of if you are considering or going through a divorce.  Take advise from these well-wishers with a healthy dose of skepticism and seek counsel from reliable professionals who can give you solid assistance.  Here are some popular myths:

Myth: Your spouse cheated on you with another woman, so he automatically is at fault and loses everything, including all property and rights to your children.

Truth: New York is a no-fault divorce state. As a result, New York law treats both spouses equally, no matter how much one spouse is to blame for a divorce. Adultery and other bad behaviors do not impact a spouse’s property or child custody rights, or any other issue related to your divorce unless they rise to the level that they “shock the conscience” of the court.

Myth: Women always get custody and men can’t get spousal maintenance.

Truth: Women do not automatically get custody of children under New York law. Child custody decisions depend on what custody and parenting plan is in a child’s best interest, not the gender of a parent. Likewise, spousal maintenance orders depend on spouses’ relative incomes and other factors. Women can be subject to orders to pay spousal maintenance to their spouses both during and following a divorce.

Myth: If I keep property in my name, my spouse has no legal claim to it, and I can’t be responsible for my spouse’s debts because they are all in her name.

Truth: All marital property and debts, no matter if they are in one spouse’s name or the other, are divisible in a divorce in a fair and equitable manner. This is the case whether one spouse ran up a credit card debt that the other spouse didn’t know about, or if only one spouse’s name is on the deed to the marital home.

These are just a few of the most common divorce myths that too many New Yorkers believe. A knowledgeable Manhattan divorce attorney can answer all of your questions about divorce and guide you through every step of your divorce proceedings, no matter whether you choose mediation, collaborative divorce, or traditional negotiations. At Miller Law Group, we have assisted countless clients through divorce and family law proceedings. Contact our office today and see what we can do to help you through this difficult situation.

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