Brian D. Perskin & Associates

Common Divorce Misconceptions

January, to many lawyers, is referred to as "Divorce Month" based on the high average of new clients and filings during the first month of the new year. Those who are new to the divorce process may have a false idea of what divorce is really like, or misconceptions about certain outcomes. The family law firm of Brian D. Perskin & Associates addresses these falsities, so those who are considering divorce can approach a prospective lawyer with a clearer understanding of the process.

Filing for a no-fault divorce is the fastest way to get divorced.

This is not true. In New York State, you have the option to file a "no-fault" divorce, but it does not mean that the process will be expedited. By electing to file a no-fault divorce, you are simply choosing to not prove grounds for the divorce, such as irreconcilable differences or abandonment. The actual time frame for being granted a Judgment of Divorce varies, and it depends on whether your divorce is contested or uncontested. Generally, an uncontested divorce in the metro New York area takes a few months, depending on which county you file in, as well as how long it takes for you and your spouse to sign the proper documentation.

Mothers will always be awarded custody of the child(ren).

The courts do not always favor the mother when it comes to resolving custody disputes. In all divorces involving children, the child will be appointed a special attorney referred to as a Law Guardian, who will advocate on the child's behalf. A judge is obligated to take the law guardian's argument into consideration while determining a custody ruling. The courts will rule in the best interest of the child, and this doesn't always mean that the mother will be granted custody. Judges tend to favor joint custody agreements, where the one spouse will maintain physical or residential custody over the children, but both parents will have legal custody. This means that the children will live permanently with one parent (the other will have visitation rights), but both parents will have a say over legal, medical, religious and other decisions that affect the children.

Men will be forced to move out of the marital home and pay their ex-wife alimony.

Once again, courts do not necessarily favor women during divorce settlements. Typically, the spouse who earns the highest income will pay their former partner alimony, or spousal support. Additionally, the spouse who is granted custody of the children will usually continue to reside in the marital residence.

Since each divorce case is different, the stipulations of settlement will vary depending on the specific details relating to your case. Even though courts aim to divide property and assets as fairly and equally as possible, it is best to retain an experienced matrimonial attorney to assist you throughout the duration of the matter.

A cheating spouse will "lose" a divorce case.

As stated previously, New York is a no-fault state. A court will not take into consideration the fact that a spouse cheated. Furthermore, just because one spouse abandoned the other for a period of one year or more does not mean that the spouse in question will be denied a share of the marital property or assets.

The purpose of having your matrimonial case heard in court is not to have a judge decide which spouse is to blame for the divorce; rather, their purpose is to grant an order settling the financial, custody and support issues surrounding a divorce for parties who could not reach an agreement on their own.

Divorce is extremely expensive and will always end up in court.

The cost of divorce will vary depending on which attorney or firm you hire, as they set their own prices. The allure of a "cheap, fast divorce" can be enticing, but it is important to note that attorneys offering discount or bargain prices might not be the best option. If your divorce is shaping up to be a long and challenging process, it is imperative that you retain an experienced matrimonial attorney who specializes in divorce and family law litigation.

While contested divorces tend to land in the court room, uncontested divorces do not. This is because both parties agree to the terms of divorce, as well as the stipulations of settlement. Generally speaking, uncontested divorces do not involve a great deal of assets; however, it is possible to file for an uncontested matrimonial action if there are children that are a result of the marriage.

Friends and family members who have gone through a divorce can be a great resource because they can provide you with advice, tips and insight to the process. And while these bits of wisdom can be indispensable, they don't (and shouldn't) replace the knowledge and expertise you would get from speaking to a matrimonial and family law attorney. The law firm of Brian D. Perskin & Associates has represented a great number of clients throughout the 5 boroughs and Long Island, all of which had different and unique cases. The experienced lawyers have advocated on their client's behalf in cases ranging from simple divorces to contested battles, child custody hearings, and even father's rights and pre-nuptial agreements. Let their expertise work for you by calling (646) 791-3228 or (718) 875-7584 to schedule your consultation today!