Along with the no-fault divorce bill, Governor Paterson also signed bill A7569-A/S4532-A which creates a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. The following are excerpts from the bill:
“This bill provides for a rebuttable presumption of interim attorney’s fees to the non-monied spouse in a matrimonial case or in proceedings to enforce a judgment therein. It also authorizes the court to order expert fees to be paid by one party to the other to enable the party to carry on or defend the action.”
“The parties are also required to provide financial information to the court to enable the court to make its determination regarding counsel and expert fees.”
Also see bill A11576/S.8391 which changes the effective date from 120 days after it shall have become a law to 60 days after it shall have become a law.
If you have any further questions about this new development in New York Law, please feel free to contact us today at (516) 858-2620.