The New York Supreme Court, the sole court in NY handling divorces, is often misunderstood due to several major misconceptions:

1. Family Court in New York handles child custody, support, and orders of protection, but only the Supreme Court can grant a divorce, and may require both courts for custody or support disputes.  

2. "New York Divorce Is Always 50/50 in Property Division"

 Truth: New York follows equitable distribution, not community property.  

 Assets are divided fairly, which doesn’t always mean equally—factors like income, contributions to the marriage, and future earning potential matter.  

3. "Adultery Always Affects Divorce Settlements"

 Truth: Adultery is a fault ground, but it usually does not impact property division or alimony unless marital assets were spent on an affair (e.g., buying gifts or trips).  

4. "A Divorce Is Final Once the Judge Signs It"

 Truth: A divorce isn’t officially final until the County Clerk enters the Judgment of Divorce into the New York Supreme Court Divorce records.  

 This can take weeks or even months, delaying the legal end of the marriage.  

5. "You Need Your Spouse's Permission to Get a Divorce"

 Truth: If your spouse refuses to participate, you can get a default divorce if they don’t respond to the summons.  

6. "You Can Speed Up the Process by Agreeing to Everything"

 Truth: Even in uncontested cases, court backlogs in NYC can cause delays.  

 Nassau and Suffolk counties often process divorces faster than Brooklyn and the Bronx.  

7. "NY's DIY divorce forms allow uncontested filings without a lawyer, but complex cases involving property, children, or high assets require legal representation.

8. "Spouses Always Have to Go to Court"

 Truth: If the divorce is uncontested, you never have to step into a courtroom—everything can be handled through paperwork.  

9. Alimony is not automatic and is influenced by factors like marriage length, income gap, and financial need, with long-term "lifetime alimony" rare in modern NYC divorces.

10. "New York Divorces Are Public Record"

 Truth: Unlike many states, NY divorce records are sealed for 100 years.  

 Only the parties, their lawyers, or someone with a court order can access them.  

11. Filing for divorce first does not provide a legal advantage, but it allows the filing spouse to frame the case and choose the venue.

12. Prenuptial agreements can be challenged and overturned in court if they were unfair, signed under duress, or lacked full financial disclosure.

13. NY courts use the "best interests of the child" standard, allowing fathers to win sole or joint custody, particularly if they are the primary caregiver.

14. "You Can Hide Assets to Reduce Divorce Payouts"

 Truth: If you attempt to hide assets, forensic accountants can uncover them, and judges can impose severe penalties (including awarding the hidden assets to the other spouse).  

15. "Child Support Automatically Ends at 18"

 Truth: In New York, child support lasts until age 21 unless the child is financially independent.  

16. "A Spouse Can Prevent the Divorce by Refusing to Sign Papers"

 Truth: No one can block a divorce. If a spouse refuses to participate, you can get a default judgment and finalize the divorce anyway.  

17. "You Can Only Get Divorced Where You Got Married"

 Truth: You can file for New York NY Divorce Attorneys as long as you meet residency requirements, even if you got married in another state or country.  

18. "You Can Get a Quick Divorce by Filing in Another State"

 Truth: NY has strict residency requirements for divorce.  

 If you try to file in another state without living there, your case could be dismissed.  

19. "If Your Spouse Cheated, You Automatically Get More in the Divorce"

 Truth: Courts don’t punish infidelity financially unless marital funds were spent on the affair.  

20. "A Divorce Decree Automatically Updates Your Will & Beneficiaries"

 Truth: After divorce, you must manually update your will, life insurance, and retirement accounts—otherwise, your ex could still inherit.