Divorce News: New York finally to have no fault divorce
Divorce News: New York finally to have no fault divorce.
Finally, New York State catches up with the rest of the Country! On August 15, 2010 Governor Paterson signed into law a package of four bills reforming New York’s outdated divorce laws. In particular, the Governor signed into law A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so; a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.
“Finally, New York has brought its divorce laws into the twenty-first century,” Governor Paterson said.
The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards. This would 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.
Another bill would create a presumption that a less well-off spouse in a divorce case is entitled to payment of attorneys’ fees. Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women’s groups, advocates for victims of domestic violence and legal aid organizations.
The measure will take effect in 60 days (October 15, 2010) and will govern divorces filed then or later.
Source http://www.state.ny.us/governor/press/081510acts_vetos.html