New York And Long Island No Fault Divorce Lawyers
There has been a major change to the New York divorce laws. The state of New York now has a no fault divorce law. Either party to a marriage can now sue for a divorce and allege that the marriage is irretrievably broken for a period of six months. There is no defense to this allegation.
Custody / Visitation and Financial Issues
Once the no-fault basis for divorce is alleged, the court subsequently focuses on the other details that are relevant to the divorce proceeding. The court will immediately turn its attention to the issues of custody, child support, visitation, spousal maintenance, the equitable division of property, whether the parties have medical insurance and all other issues involving the marital estate.
This is a significant change in the divorce laws in New York. It eliminates litigating as to who was sleeping with whom or who was cruel and inhumane towards whom. It takes issues of fault and allegations regarding fault out of the divorce process.
With the elimination of fault as a factor in divorce proceedings, the court now deals with economic issues such as temporary spousal maintenance (alimony) to the non monied spouse. Example: if one party to the marriage is earning $100,000.00 a year and the other party is making $30,000.00 per year, the monied spouse will have to pay temporary support to the non monied spouse. Unfortunately, the legislators in Albany who drafted this new statute, did not have practical experience in dealing with matrimonial and family law issues in everyday life situations. This new law will most likely have a different impact than what was intended. Instead of motivating spouses in divorce situations to settle their matters amicably, it will most likely fund more litigation!
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We represent individuals throughout the NYC metropolitan area, including Long Island, Nassau County, Suffolk County, Westchester County; and NYC’s five boroughs – The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.