Divorce Advice Breaking Up is Hard to do, But Not Anymore
New York, New York, September 2, 2010- New York just made breaking up easier to do, passing a no-fault divorce law that stands to reduce long, cutthroat court battles over who’s to blame when marriages fail. The new law permits couples to split without assigning blame for the marriage’s collapse, a rule that had prolonged and aggravated the painful divorce process. A process I have long railed against!
Robert Ross, supervising judge of the matrimonial division in Nassau County said, “There is a human cost and financial cost” to a system demanding fault-finding. It’s hard to know what impact a new law will have, but we do know that a grounds trial, and the expense and delay associated with it, is not a good thing.”
Previously, New York was the only U.S. state without no-fault divorce. Spouses who disagreed on terms of a divorce couldn’t dissolve their marriage unless one proved the other committed an act such as cruelty, adultery or abandonment. The result was protracted litigation for some couples,
with trials over who was to blame for the demise of a marriage, and, sometimes, false claims to make the allegations fit the law.
The new matrimonial laws in NY also revised the process for awards of temporary maintenance while a divorce in New York is pending. This revision includes a formula and list of factors for such awards, which would allow for a speedy resolution of the maintenance issue. This will prevent less well-off spouses in divorce proceedings in New York from ending up without funds during litigation.
The new laws also created a presumption that the less monied spouse in a New York divorce case is entitled to payment of legal fees. Under previous law, a spouse who could not afford legal representation in a divorce proceeding had to make an application to the court for fees which may or may not have been granted. This forced a spouse without access to funds to proceed without a lawyer or to give up important legal rights due to lack of means.
Lois M. Brenner, Esq., PA-C, is an accredited mediator, divorce lawyer in Manhattan NY for over 30 years and a licensed physician assistant with expertise in psychology offering Divorce Advice. Using her rare combination of training in law and medicine, divorce attorney Lois Brenner will help you get what you want through Litigation, Negotiation or Mediation. Working with Lois Brenner will Put You in Control!
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