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3 common myths about the divorce process you shouldn’t believe

On Behalf of | Oct 7, 2022 | Divorce

It doesn’t matter what the situation is; for everyone, in some way, divorce is a challenging and emotional process. 

If you are in the middle of a divorce or have plans to file, it’s important to know the truth about some common myths that are “out there.” By knowing the truth, you can be fully prepared for the legal process as it unfolds. 

Myth 1: You will lose everything in the divorce

The state of New York is an equitable distribution state. The judge will ensure a fair and equal distribution of your marital assets and debts. This goal is to ensure everything is divided fairly based on each spouse’s contribution to the marriage and what each party requires after the divorce is finalized. 

Myth 2: You can’t get a divorce unless your spouse agrees to it

In the past, you had to have legal “grounds” for a divorce, like adultery or insanity. Today, this is not the law. Even if your spouse doesn’t agree to the divorce, the court will grant it if it is proven that the marriage is broken. For an uncontested divorce, you and your spouse must agree to it, but there are other options. 

Myth 3: If you hide property, you can keep it

In some divorce cases, one spouse may try to hide property or assets to keep them from the other person. This isn’t a smart move. Since you must submit financial affidavits in a divorce, lying about assets can result in criminal charges if (and when) the lie is discovered. It’s best to avoid doing this. 

Understanding the truth about divorce

If you are going through a divorce, understanding the truth about the process will help you prepare and get through the legal process. While it can be difficult, knowing your legal rights and options will help you along the way.