Many people have expectations for divorce that are not aligned with reality. You anticipate quick results, simple forms, or equal division without considering the legal process.
Some of the misconceptions can lead to costs, delays, and unexpected outcomes. An early consultation with a Long Island divorce lawyer can eliminate the following misconceptions.
With proper advice, individuals can plan accordingly and make decisions that will impact their lives for years to come.
Divorce Happens Quickly
People often think divorce is quick once the papers are filed. But the truth is, uncontested divorce takes time.
Some divorces can take three to six months if uncontested, and a year or more if contested.
For instance, couples who agree on money and child custody may get divorced sooner. By contrast, issues with property and parenting can delay things.
Everything Gets Split 50-50
There’s a misconception that everything is split 50-50. Long Island is an equitable distribution geography, meaning assets are divided equitably, not necessarily equally.
For example, one spouse may have earned more while the other stayed home.
The court may value the domestic work differently from the financial work, rather than dividing it in half.
Filing First Gives an Advantage
Filing First Gives an Advantage
Some people file first to get the “upper hand.” In most divorces in Long Island, filing first makes no difference.
The court is concerned with facts like earnings, child custody, and financial statements. Preemptive filing can result in errors or omissions in forms.
Divorce Is Only About Legal Paperwork
Divorce is commonly thought of as filing papers and going to court. But it’s about money, children, and the future.
For example, spousal support in New York depends on the length of marriage and income. The new guidelines include income caps and formulae.
These must be considered before finalizing an agreement.
Costs Are Always Predictable
People often assume that there is a set price for divorce. The amount of conflict can affect the cost.
In Long Island and New York, reports indicate divorce can cost between a few thousand dollars and much more for contested divorces.
For instance, a case with child custody issues and financial disputes will be more expensive than an uncontested agreement.
Custody Is Automatically Decided
Many parents think custody decisions are straightforward. Long Island courts decide custody in the best interest of the child.
Judges may look at:
- Each parent’s involvement
- Stability of the home
- School and daily routine
On Long Island, the way these factors are considered can also be affected by the practices of the courts. No one factor is a guarantee.
Divorce Always Means Going to Trial
It’s common to think of a courtroom. But many are resolved outside of the court.
Dispute resolution options such as mediation or settlements may be sought. These approaches can be less stressful and quicker when both parties are open to negotiation.
They may decide on property and child custody arrangements, rather than having a trial.
Personal Behavior Does Not Matter
Although New York offers no-fault divorce, conduct can still play a role.
A recent case on Long Island demonstrated that blameworthy conduct, like abusive behavior during the marriage, impacts property distribution.
This demonstrates courts can take into account conduct in certain circumstances, particularly when it affects equity.
Divorce Only Affects the Present
Some emphasize only practical matters such as housing. Divorce decisions may have long-term consequences.
These may include:
- Future financial stability
- Retirement planning
- Ongoing support obligations
For instance, alimony in New York can be payable for many years following a long marriage.
Low Divorce Rates Mean Simple Cases
Long Island has a relatively low divorce rate compared to other states.
This does not mean cases are simple. Each situation involves detailed financial disclosures and legal steps that must be handled carefully.
In Long Island, where property values and living costs are higher, financial decisions can carry even more weight.
What This Means for Those Considering Divorce
These misconceptions can result from a lack of information or advice from non-lawyers. Following them can result in delays or less-than-optimal outcomes.
To be better prepared:
- Collecting financial information sooner
- Understanding state-specific rules
- Anticipating short- and long-term consequences
Guidance helps reduce confusion and inform decision-making.
Conclusion
The process of divorce in Long Island can be complex. Myths about time, money, and results can cause confusion and frustration.
Understanding the process and consulting a lawyer as soon as possible can help build a better understanding and avoid unnecessary errors.
