New York's New Divorce Laws


This is an historic week in divorce law in New York. The recently enacted no fault divorce law becomes effective October 12, 2010. In addition to no fault divorce, three other divorce laws become effective this week including:

1. a new procedures for setting awards of temporary maintenance while a divorce is pending; 2. a procedure for reviewing and modifying child support awards; and 3. a law making it easier for the less monied spouses to receive an award of attorneys’ fees during the divorce.

Here are the highlights of the new laws:

No Fault Divorce: The law creates a new cause of action for divorce. Couples can now seek a divorce when the marriage has irretrievably broken down for a period of six months preceding the commencement of the divorce action.

Temporary Maintenance: The new law provides that maintenance is to be awarded during the divorce when one parties’ income is less than 2/3’s of the other spouse’s income.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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