New No Fault Divorce Bill becomes effective in New York

On August 16 Governor David Patterson signed into law three bills that will change the landscape of matrimonial law in New York State. The reason it is important now is that they become effective on October 16th so planning needs to be taken now.

The first bill provided that there is an additional cause of action in New York providing for No Fault Divorce. The second bill will allow the Court additional opportunities to examine maintenance issues. The final bill provides for interim attorneys fees so that the monied spouse is responsible for interim fees during the course of matrimonial litigation and that the nonmonied spouse is not at a disadvantage due to their lack of financial ability to afford what can be mounting and daunting legal fees.

The bill getting the most attention is the addition o a no fault cause of action. This brings New York in line with the other 49 states n the country allowing for a divorce to end for no certifiable reason. The benefit to this cause of action is that when parties are just no longer compatible they can get a divorce without creating additional pain that existed under the previous causes of action. It means that people don’t have to create language that fits within cruel and inhuman treatment.  Ultimately it will allow for people to eliminate some of the acrimony generally viewed in a fight over cause.

The second bill passed deals with the examination of maintenance or spousal support both on a temporary and permanent basis. This will allow the courts to examine specific factors in setting temporary maintenance.  Maintenance is important and sometimes vital to to keep the non-monied spouse  in the same lifestyle and have the same financial stability that was available prior to the break up of the marriage.

The third bill provides for interim counsel fees when there is a financial disparity between the parties. One of the fundamental aspects  of litigation is that attorneys need to be paid! The financial ability for one side to pay or not pay should not be a detriment to the ability to be represented in a divorce. This will allow for both parties to get proper and adequate representation during a matrimonial action. This will equal the playing field so that the party with money doesn’t bury the one without in legal fees.

Todd Engel