No-Fault Divorce in New York State
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No-Fault Divorce in New York State

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No-fault divorce is coming to New York State in October 2010

No-fault divorce is coming to New York State in October 2010

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No-Fault Divorce in New York State No-Fault Divorce in New York State Presentation Transcript

  • An introduction to the
    New “No-Fault Divorce” Law in New York State
    By Ellen S. Ross
    Attorney at Law
    Johnstown, N.Y.
  • New grounds for divorce in New York
    Legislation creates a new cause of action for divorce and also adds
    presumption in favor of temporary orders of spousal maintenance and counsel fees
    Law Office of Ellen S. Ross, Johnstown, New York
  • Changes in the Divorce Lawin New York State
    Effective in October, 2010:
  • Irretrievable breakdown of the marriage
    Law Office of Ellen S. Ross, Johnstown, New York
  • Before divorce can be granted
    Law Office of Ellen S. Ross, Johnstown, New York
  • Child custody and visitation
    Law Office of Ellen S. Ross, Johnstown, New York
  • In any action for divorce
    The spouse with the lower income is presumed to be entitled to an award of spousal maintenance.
    Law Office of Ellen S. Ross, Johnstown, New York
  • In any action for divorce
    Spousal maintenance is calculated by a formula, like child support.
    Law Office of Ellen S. Ross, Johnstown, New York
  • In any action for divorce
    The spouse with the lower income is presumed to be entitled to an award of counsel fees, to be paid by the spouse with the higher income.
    Law Office of Ellen S. Ross, Johnstown, New York
  • In any action for divorce
    These changes apply to all actions started after the effective date, even those based on fault grounds.
    Law Office of Ellen S. Ross, Johnstown, New York
  • Law Office of Ellen S. Ross, Johnstown, New York