Getting a divorce can be a complicated affair. Nothing makes things worse than false information floating around and misleading you. But don’t worry, we’re here to help! Here’s our guide to the most common myths about divorce.
Myth #1: Whoever Is At Fault For The Divorce Will “Lose” In Court
Some people think that whoever is at fault for the divorce will have their belongings taken and given to the other party. Even in the case of adultery, the legal standard for dividing property is always “fair and equitable.” This means courts ignore who is at fault for the divorce, including cases of adultery.
So, unless you have a previous agreement with your spouse, divorce proceedings should typically result in an equal division of property and debt. While cheating during a marriage is one of the most common causes of divorces, it rarely plays a significant role in divorce proceedings, particularly when it comes to the division of assets. However, it can play a role in matters pertaining to children, especially if the affair may have harmed them in any way.
Myth #2: Mothers Always Get Custody Of Children
Studies show that a large percentage of mothers get custody of their children after divorces, but that doesn’t mean that men should give up or not try to get custody. This is especially true if they feel that it’s best for their children to live with them.
Divorce courts make their decisions based on the best interests of the children involved. In many cases, they determine that children will be better off living with both their fathers and mothers. Custody oftentimes works differently than in the past with courts allocating parenting time between the parents. One parent serves as the primary residential parent and the other serves as an alternative residential parent.
If both parties can agree to equal parenting time, then a shared parenting arrangement is formed. It is rare for courts to award one parent as the primary residential parent and not award the other parent any parenting time unless there is evidence of absence, abuse, or neglect.
If parties cannot agree on who the primary residential parent should be, the court will conduct what is called a comparative fitness analysis. Factors will be considered in order to determine which parent it would be in the child’s best interest to have as the primary residential parent. Gender plays no role in the decision.
Myth #3: Spousal Support Is Automatic In Divorce Cases
Spousal support (alimony) is not something that is automatically put in place for whichever party may need it. Typically one party must ask for it. The court will look at twelve factors to determine whether support is appropriate, and if so, the court will determine the amount to be paid and the duration of the payment. Out of these twelve factors, two are the most important: does the spouse seeking support have a legitimate need for it, and is the spouse paying the support have the ability to pay it.
Hire Our Brooklyn Divorce Lawyers
If you have more questions about getting a divorce or are worried that you might be misinformed contact Brian D. Perskin & Associates P.C. today at (877) 826-7257 for a free, no-obligation consultation.