Divorce can be unpleasant on a variety of fronts, but unfortunately, a number of glaring, unfounded myths have painted it as a much more nightmarish process than it actually is. If you are new to divorce, it is crucial to know the different between fact and fiction — it may greatly impact how you approach the situation from the beginning.
Here are a few common myths surrounding divorce proceedings — as well as the reasons why they are false.
Adultery spells legal disaster in a divorce
While adultery is a common contributing factor to divorce scenarios, it does not mean the adulterer in question will lose everything in the case (including child custody, assets, and other similar rights), despite persisting myths suggesting otherwise. Adultery would have to be combined with another relevant factors, such as wasteful dissipation of marital assets, in order to be pursued in this capacity.
A legal separation must precede a divorce
This is perhaps the most frequent myth surrounding divorce cases. Contrary to popular belief, most states allow divorce proceedings to take place prior to any type of legal separation — divorcing spouses can technically still live together and physically interact with one another in these scenarios.
Divorce filings are commonly denied
When filing for a divorce, you are essentially asking a judge to grant you that divorce. However, in almost all cases, divorce will be granted. Specifically, New York courts have determined there “is no right to a trial on the grounds of irretrievable breakdown of a marriage.”
Divorces must take place in the same state as the marriage
This misconception paints divorce as an incredibly binding process — the reality is that people move and residencies change. That said, you may file for divorce in any state that you are currently living.