If you are getting a divorce, you will probably seek the advice and counsel of your family and friends. However, you must be aware of the common myths and misconceptions about divorce that people consider truth.
The following are common divorce myths along with the truth:
- The mother automatically gets the children. In most cases, the mother ends up as the custodial parent, while the father pays child support. When a divorce is hotly contested, the court will base their decision on the best interests of the child.
- A spouse can deny the other spouse a divorce. Since the establishment of no-fault divorce in the United States, if one party wants to end the marriage, then the other cannot trap him or her. However, one spouse could prolong the proceedings by stalling in hopes for a change of heart. But despite these delaying tactics, divorce will be the result.
- If you commit adultery, the at-fault spouse gives up everything. Courts consider divorce as the dissolution of an economic unit, and infidelity is not a factor in the division and distribution of the marital estate or awarding alimony. In New York, adultery is not commonly considered by the court, unless those the act was “egregious” and the cheating spouse used a large amount of marital assets on a lover.
- You can deny visitation if the noncustodial parent doesn’t pay child support. Child support and child visitation are completely separate issues in the eyes of the judge. Courts frown on parents who attempt to use this tactic in order to gain leverage in financial matters. However, a custodial parent can go to court if the other party fails to pay child support.
- The children get to decide which parent they want to live with. Judges do not consider the wishes of children, especially if they are young. The best interests of the child are not the same as their wishes, since the best interests also involve the financial situations of each party.
- Most contested divorces are settled through court litigation. In most cases, an agreement can be reached through the mediation process, since court litigation can be quite lengthy and expensive. Divorce lawyers will always try to work for a settlement as opposed to a trial.
If you are interested in hiring Empire Law to successfully handle your divorce proceedings and protect your best interests, contact us and schedule a free consultation with our Yonkers divorce attorney today.
