New York residents may have certain expectations when they think about divorce. However, there are many misconceptions about divorce that could hinder those who proceed based upon incorrect information. Individuals who plan to move forward with a separation will want to be well-informed on the various proceedings, an approach that is best accomplished alongside an experienced family law attorney.
One misconception that many parties may have when it comes to child custody is that mothers are always awarded custody. This notion is simply not the case. There are many factors that are considered when it comes to awarding custody, with the overriding concern being the best interests of the children. In a custody dispute, if one parent is considered more fit to care for the children, then that individual will likely gain custody regardless of gender.
Another incorrect notion is that individuals must get divorced in the state where they were married. While there may be residency requirements to meet before following through with a divorce, individuals who have moved from the state in which they married will likely still have the ability to divorce in their new state. There is no need to return to the marriage state in order to end the marriage.
Having the correct information on a variety of topics pertaining to divorce could help individuals keep from making costly mistakes. If New York residents are concerned about their own proceedings, they may wish to find out more information on the different processes they may face. Additionally, consulting with an experienced family law attorney may help interested parties determine what actions may be best for them as their cases move forward.
Source: The Huffington Post, "12 Top Divorce Myths", Daniel Clement, May 24, 2016