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Changes in Divorce Law

Changes to New York Divorce Law

The state of New York recently passed a "no-fault" divorce law. Under the New Section of Domestic Relations Law Section 170 (7), a divorce can be obtained if "... the relationship between husband and wife has broken down irretrievably for a period of at least six months." In effect, this means that couples no longer have to prove one of the other grounds for divorce when seeking to dissolve their marriage. Along with the "no-fault" divorce law, a number of companion bills were passed that may affect your case. As a New York City divorce attorney with over 30 years of experience, Andrew A. Bokser can help explain the new laws and what they may mean for you.

If you are seeking a divorce or have questions about how the new laws might affect your divorce, contact a New York no-fault divorce attorney by calling 718-834-1904 or emailing Mr. Bokser at [email protected] for a initial consultation.

What Is "No-Fault Divorce"?

The new statute allows married couples to end their marriages without having to allege that the other party has done something to him/her (e.g. adultery or abandonment). Prior to the passage of this law you could only be granted a divorce on specific grounds, such as adultery. The new "no-fault" divorce is expected to benefit couples who have agreed to a divorce, particularly low-income couples who cannot afford a legal battle. However, the court will only grant the divorce after the custody and financial issues of the marriage are resolved whether by settlement or trial.

Attorney Andrew A. Bokser is knowledgeable about the new statutes and it potential effects on your situation will help determine if this is the right option for you.

The Impact of New Laws on Spousal Maintenance Child Support and Attorney's Fees

Along with the no-fault divorce bill, the state legislature also passed laws that will have an impact on spousal maintenance (DRL 236 § B(5-a)(e)(1) , Child Support (Domestic Relations Law Sections 236B(7)(d), and (9) (b)(2) and Family Court Act Section 451 and attorney's fees (Domestic Relations Law 237(a) as they relate to the divorce. The new law sets forth a number of factors that a judge is to consider when granting temporary spousal maintenance throughout the length of the divorce. Attorney Andrew A. Bokser can explain how the formula works and what you can expect a judge to consider when it comes to orders for temporary spousal maintenance.

With regard to attorney's fees, the spouse who has less money is entitled to payment of attorney's fees at the start of litigation. Prior to this law, the poorer spouse had to ask for attorney's fees at the end of litigation, which made it difficult to hire an attorney. Again, Andrew A. Bokser can explain how, if at all, this new change will affect your divorce.

Call for an Initial Consultation With a Divorce Lawyer who can Help you Obtain Temporary Maintenance if you Are Entitled to Receive It

If you are wondering how the new laws may affect your plans to divorce, contact a Manhattan temporary maintenance lawyer by calling 718-834-1904 or emailing Mr. Bokser at [email protected] for an initial consultation. Evening appointments are available.

Read a Changes in Divorce Law letter from lawyer Andrew A. Bokser.

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