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News about Divorce Law in New York State
Divorce Survival Kit —
Common Divorce Misconceptions & Equitable Distribution
Contents"Popular Myths and “Old Wife’s (and old Husband’s) Tales.” It’s amazing how many people (and even some inexperienced lawyers) still believe and perpetuate some of the fantastic lore that surrounds divorce. Perhaps certain stories that pop up in the Rag Mags about divorce help fuel these myths.
Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. This article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, child custody, child support and orders of protection.
During the Pendency of the action, the Judge will be asked to decide these main issues, custody, support and property distribution, with some consideration given to the peripheral temporary issues of who is to remain in the marital residence, who will pay the carrying costs on the marital residence until ultimate disposition, who will be the temporary custodian of the children, and what kind of visitation will there be.
Many people think that if you file for divorce, your spouse must leave the marital residence. This is not true in New York. To have your spouse ordered out of the house you need to show the court you are a victim of domestic violence or that there is a threat of physical harm. You may also request that the spouse leave the marital residence if the spouse has established an alternative residence elsewhere.