Understanding Changes To New York Divorce Law
The state of New York in 2010 passed a no-fault divorce law ending its position as the only state in the United States not to have such a law. Under 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 34 years of experience, Andrew A. Bokser can help explain the new laws and what they may mean for you.
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 them (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. 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 can help you determine if its potential effects on your situation will be the right option for you.
Impacting Spousal Maintenance, Child Support And Attorney Fees
Along with the no-fault divorce bill, the state legislature also passed laws that have an impact on spousal maintenance/alimony (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 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 either temporary or final spousal support in a divorce or support proceeding. 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 fees, the spouse who has less money may have a court order the more “moneyed” spouse to pay some or all of the fees for the other spouse. Andrew A. Bokser can explain how, if at all, this new change will affect your divorce.
Call For An Initial Consultation
If you are wondering how the new laws may affect your plans to divorce, contact a Manhattan temporary maintenance lawyer by calling or emailing Mr. Bokser at [email protected] for an initial consultation. Evening appointments are available.