fbpx
Skip to content
 

DivorceNo-Fault Divorce Enacted in New York

August 15, 2010

New York now has no-fault divorce.

While signing the legislation into law,  the governor noted:

Finally, New York has brought its divorce laws into the 21st century. . .  These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons — too often women — who did not have sufficient financial wherewithal to protect their legal right.

New Yorkers  can now divorce provided that their marriage has irretrievably broken down for six months or more.   New York was the last state to allow no fault divorce.

Simultaneous with enactment of no fault divorce, laws for providing guidelines for fixing temporary spousal maintenance and attorney’s fees were enacted.    The legislation created a formula and list of factors to govern such awards   The purpose of which, according to the Governor, would be to. . .

. . . allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order.

The other piece of legislation enacted today would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees.

We will take in depth looks at the new laws regarding spousal maintenance and attorneys’ fees in the very near future.

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 

THIS SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT AND INDEPENDENT LEGAL ADVICE.

Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

Powered By Matador Solutions.

Call Now Button