At Mahserjian & Mahserjian-Ortiz, PLLC, we understand that navigating family laws in New York can feel overwhelming. If you are facing a family law issue, you are likely filled with questions, concerns, and emotions that might leave you feeling lost. Our firm is here to provide the guidance and reassurance you need during this difficult time. It is important to dispel any myths or misunderstandings about family laws in New York so that you can make informed decisions for yourself and your loved ones.
The Belief That Mothers Always Get Custody
One of the most common misconceptions is that mothers automatically receive custody of children in family law cases. While this may have been a prevailing belief in the past, New York family laws focus on the best interests of the child when determining custody arrangements. Courts do not favor one parent over the other based on gender. Instead, they consider several factors, including the child’s relationship with each parent, each parent’s ability to provide a stable environment, and the overall needs of the child. Fathers have just as much right to seek custody as mothers, and in many cases, joint custody may be deemed the best solution. Understanding this can help parents approach custody matters with realistic expectations and a focus on what is best for their child.
The Misconception That Divorce Cases Always Go to Court
Many people assume that divorce cases inevitably end up in a courtroom battle. While some cases may require court intervention, it is not the only path to resolving disputes. In fact, many divorces in New York are resolved through mediation or negotiation outside of court. These methods allow couples to work together to reach agreements on issues such as property division, child custody, and spousal support. Not only does this approach save time and money, but it also fosters a more cooperative and less adversarial environment. Choosing alternative dispute resolution methods can make the process less stressful and more efficient for everyone involved.
The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.– Joseph B.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.– Melissa W.
The Idea That Only Married Couples Can Seek Legal Help for Family Disputes
Family laws in New York apply to a wide range of situations beyond marriage. Unmarried couples who have children together often need legal guidance to establish custody, visitation, and child support arrangements. Similarly, domestic partnerships or long-term relationships that do not involve marriage can still result in disputes that require legal intervention. Whether you are dealing with a co-parenting issue or need to address a property dispute with a former partner, the law provides options for resolving these matters, even if marriage is not part of the equation.
The Assumption That Prenuptial Agreements Are Only for the Wealthy
Many people believe that prenuptial agreements are reserved for the wealthy or high-profile individuals. This is far from true. Prenuptial agreements can benefit anyone who wants to protect their assets, establish financial boundaries, or plan for the future. These agreements are especially useful for individuals entering a second marriage, those with children from a previous relationship, or anyone who wants to clarify financial expectations with their partner. In New York, prenuptial agreements are enforceable when properly drafted and executed, providing peace of mind and security for both parties.
The Belief That Child Support Is Based Solely on Income
While income is a significant factor in determining child support, it is not the only consideration. New York’s child support guidelines also take into account factors such as the child’s needs, the standard of living they were accustomed to before the separation, and any extraordinary expenses, such as medical or educational costs. Additionally, courts may adjust child support obligations based on the unique circumstances of each case. This ensures that the financial support provided aligns with the child’s best interests and the parents’ financial capabilities. Understanding this can help parents approach child support discussions with a clearer perspective.
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The Misunderstanding That Property Is Always Divided Equally
When it comes to dividing property during a divorce, many people mistakenly believe that everything is split fifty-fifty. In New York, property division follows the principle of equitable distribution, which means assets are divided fairly but not necessarily equally. Courts consider factors such as the length of the marriage, each spouse’s contributions to the marriage, and the future financial needs of each party. This approach ensures that the division of property reflects the unique circumstances of the marriage rather than adhering to a rigid formula. Knowing this can help divorcing spouses prepare for property division discussions with a more informed mindset.
The Idea That Spousal Support Is Guaranteed
Another common misconception is that spousal support, or alimony, is guaranteed in every divorce case. In reality, spousal support is determined based on specific factors, including the length of the marriage, the financial situation of each spouse, and the ability of one spouse to become self-supporting. New York courts aim to provide temporary or permanent support only when it is necessary to ensure fairness. It is important to understand that spousal support is not automatic and must be requested and justified based on the circumstances of the marriage.
The Belief That Legal Representation Is Only Necessary for Court Cases
Some individuals believe they only need legal representation if their case goes to court. However, having an attorney by your side is beneficial in all family law matters, whether you are negotiating a settlement, mediating a dispute, or preparing legal documents. An attorney can provide valuable guidance, protect your rights, and help you avoid costly mistakes. Legal representation is not just for litigation; it is a critical resource for navigating the complexities of family law in New York.
The Misconception That Once an Agreement Is Reached, It Cannot Be Changed
Many people think that once a court order or agreement is finalized, it is set in stone. This is not true. Family law allows for modifications to child custody, support, and visitation orders when there are significant changes in circumstances. For example, a parent who loses a job or relocates may request a modification to reflect the new situation. It is important to work with an attorney to ensure that any changes are handled properly and in compliance with the law. This flexibility ensures that legal arrangements remain fair and relevant as life circumstances evolve.
The Assumption That Family Law Cases Are Always Contentious
Family law cases are often portrayed as heated and adversarial, but this is not always the case. While some disputes may involve conflict, many families are able to resolve their issues amicably with the help of skilled attorneys and effective communication. Mediation, negotiation, and collaborative law are all tools that can help families work together to reach agreements that benefit everyone involved. Approaching family law matters with a cooperative mindset can lead to more positive outcomes and reduce stress for all parties.
Family law can be complex, and misconceptions about the process can create unnecessary stress and confusion. At Mahserjian & Mahserjian-Ortiz, PLLC, we are committed to helping you understand your rights and options under New York family laws. If you are facing a family law matter, we are here to provide compassionate and knowledgeable legal support. Contact us today to schedule a consultation and take the first step toward resolving your case with confidence.
