Honest Divorce?

On October 22, 2010, in Divorce, Family Law, by John A. Weber IV, ESQ.

The new “No-Fault” divorce law in New York (NY DRL ยง170(7)) has drawn quite a reaction.  Some positive; as would be expected.  Some negative; which goes without saying.  For years, there has been controversy over whether New York should follow most states down the path of “Irreconcilable Differences,” as a grounds for divorce.  Should New York value marriage more than other states?  Should New Yorkers be forced to have a good reason to end their marriages?  The flip side of the coin has focused on the reality of the situation.  Those in favor of irreconcilable differences have kept the view that New Yorkers will get divorced anyway; even if they have to lie about the reason.  Should New Yorkers have to lie about why they are ending their marriages?  Well now they won’t have to.  At least, according to some.  On October 15, 2010, New York became the last state to enact a “No-Fault” divorce statute.  In a recent article on August 16, 2010 on Bloomberg.com by Carlyn Kolker and Patricia Hurtado entitled “Divorce Easier as New York Ends Need to Lie,” New York’s divorce record and data are presented.  You can see that article at http://www.bloomberg.com/news/2010-08-16/breaking-up-not-so-hard-to-do-as-new-york-s-divorce-law-ends-need-to-lie.html.

The fact of the matter is that New York has come a long way in making divorce easier with the implementation of this new law.  It is not as easy as some may think though.  “No-Fault” simply ends the battle over blame.  It ends the need to lie over whose fault the divorce is in the first place.  It doesn’t resolve the issues of child custody and visitation, maintenance, child support, and equitable distribution.  All of these issue still need to be resolved or the removal of the blame is all for naught.  To be  honest, the grounds issue is not litigated as often as the other issues anyway.  So in most cases, this “No-Fault” statute, will not be helpful.

If you are considering getting divorced and all of the publicity about this new law has you confused; Feel free to call us at (516) 858-2620 !

News: New Temporary Maintenance Guidelines

On August 17, 2010, in Divorce, Family Law, Message/News Board, by Robbie L. Vaughn, Esq.

New Temporary Maintenance Guidelines

Along with the no-fault divorce bill, Governor Paterson also signed bill A.10984/S.8390, which revises the process for setting awards of temporary maintenance while a divorce is pending. The following is excerpt from the bill:

“The duration of the temporary award under this measure would be determined by considering the length of the marriage.

The temporary maintenance guidelines would only result in an award when there is an income gap between the two parties such that the less-monied spouse’s income is less than two thirds of the more monied spouse’s income. For instance, if the payor’s annual income is $90,000 a year, the guidelines will only result in an award if the payee’s annual income is less than $60,000. The numerical guideline is only applied to the payor’s income up to $500,000 of
her/his income, with a set of factors to be applied by the court to determine any additional amount of temporary maintenance on the payor’s income above this $500,000 cap. The guidelines also include protections for individuals whose annual income is less than the self-support reserve (135% of the Federal Poverty Guidelines -
currently $14,620/year).

GUIDELINE AMOUNT:
To determine the guideline amount, the court must
compare two calculations of the spouses’ annual incomes. For both of
these calculations, any income of the payor’s that exceeds $500,000
is not included.
* 30% of the payor’s income minus 20% of the payee’s income, OR
* 40% of the combined income of the two spouses. The payee’s income is
then subtracted from this figure.

The court must select the lesser of these two figures as the guideline amount. If the payor has an annual income exceeding $500,000, the judge may adjust the amount.

This proposal would provide consistency and predictability for temporary maintenance awards similar to the child support guidelines in the Child Support Standards Act. It would also help bring parties to the table and facilitate settlement of cases.

This measure does hot make any statutory change to the current law on determining final or post divorce maintenance awards; except for revising the statutory factors to better reflect divorcing couple’s life circumstances. The amount and duration of the final or post-divorce maintenance awards would still be determined based on a
list of statutory factors.”

Click here to read the maintenance bill

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.

No Fault Divorce in New York

Press Release

….Governor Paterson also signed into law a package of four bills that would bring significant reform to 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.

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 (A.10984/S.8390 and A11576/S.8391). 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 (A7569-A/S4532-A) would create a presumption that a less monied 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.

“Finally, New York has brought its divorce laws into the twenty-first century,” Governor Paterson said. “These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons โ€“ too often women โ€“ who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers.”

Please see our earlier post on this issue (No-Fault Divorce: Not as Easy as it May Sound).

If you have any further questions about this new development in New York Law, please feel free to contact us at (516) 858-2620 today!

Click here to read the entire press release

Click here to read the no-fault divorce bill

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