Common Divorce Myths Debunked

Divorce is a complex and often emotionally charged process. It’s important to have accurate information about the legal process so that you can make informed decisions about your future. In this blog post, I will debunk some of the most common myths about divorce in New York State.

Myth: You Must Divorce Where You Married

Contrary to popular belief, you don’t have to file for divorce in the state where you got married. You can initiate the process in New York state as long as you’ve established residency.  The residency rules differ dependent upon whether you were married in New York.  In fact, if you are a New York residence and were married in New York, the residency requirement is a year less in duration then for those who marry outside of the jurisdiction.

Myth: Adultery will cost you everything in your divorce.

Adultery is not a factor in the division of property or debts in a New York divorce. The court will consider a number of factors when dividing your assets, including the length of your marriage, your earning capacity, and your contributions to the marriage.  The Court will also consider if martial funds were “wasted” on the adulterous relationship which is rare and difficult to prove.

Myth: Mothers always get custody of the children.

New York State law is gender-neutral when it comes to child custody. The court will consider the best interests of the child when determining custody. This means that the court will look at a number of factors, including the child’s age, the child’s relationship with each parent, and each parent’s ability to care for the child.

Myth: Divorce represents a failure.

This is not true. Divorce can be a positive step for some people. It can allow you to move on from an unhappy marriage and start a new chapter in your life.

If you are considering divorce, it is important to talk to an experienced divorce lawyer. The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can help you understand your legal options and protect your rights. Contact us today to request a consultation.