5 Myths to Legally Separate From (even if you’re single)

There tends to be several common misconceptions or “myths” regarding divorce, even amongst those who may not necessarily be seeking a divorce.  This is partially because of the fact that we are used to seeing divorce in the media as either a grand emotional battle or something that involves just “signing the papers” and then it’s over.  However, in reality divorce is none of those things.  Due to these myths, it is often difficult to separate people’s expectations from reality.  In her Huffington Post article, 5 Myths to Legally Separate From (even if you’re single), Jessica Mason clarifies five of the most popular myths about getting divorced.

Myth #1: It matters if they cheated.  Divorces nowadays are “no fault” divorces, which means that no one has to have done anything wrong or bad in order for the court to grant a divorce.  This is why the actions of either party have no bearing on how property and debts are divided (with limited exceptions i.e. marital waste).

Myth #2: It’s as simple as signing some papers.  Whether you are separating amicably or not, divorce usually involves going to a court house, filing petitions, paying fees, and waiting for the judge to sign the final judgment or decree.  Just like most other legal things, it takes time and money to get divorced.

Myth #3:  Everything is usually split down the middle.  In most cases, courts will attempt to divide the property and debts in a fair and equitable manner based upon the surrounding case-specific circumstances.  Courts may also give one person a house and the other a retirement account instead of splitting things in half to make things easier.  Everything is dependent on the specific situation.

Myth #4: You should probably hide your assets.  In a contested divorce action, both sides must disclose their financial records to the other side, so withdrawing from accounts does not go unnoticed.  The court does not care if you hid an affair from a spouse, but it will care if you hid property.

Myth #5: Mom always gets the kids.  Custody decisions are made on a case by case basis, but always in “the best interest of the child.”  Decisions regarding custody are not based on the gender of the parties.  Custody is instead often awarded through consideration of who the child’s primary caregiver is.

Are you considering filing for divorce or separation?  When a couple decides to dissolve their marriage, there are many aspects that need to be addressed including child custody and financial support, parenting time/visitation, spousal and equitable distribution, to name a few.  These are subjects that Jay D. Raxenberg, P.C. has gained a great deal of experience in over the last two decades in Supreme and Family Court.  Mr. Raxenberg has extensive training, knowledge and experience in this area of the law and is dedicated to providing exceptional compassionate legal representation to all of his clients.  Please call (516) 491-0565 or toll free at (888) 543-4867 to arrange your initial complimentary consultation.