The document introduces New York State's new no-fault divorce law which takes effect in October 2010, allowing divorce due to an irretrievable breakdown of the marriage. The new law also presumes the lower earning spouse is entitled to awards of spousal maintenance and attorney's fees to be paid by the higher earning spouse, with maintenance determined by a set formula similar to child support. These changes apply to all divorce cases started after the effective date.
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No-Fault Divorce in New York State
1. An introduction to the New “No-Fault Divorce” Law in New York State By Ellen S. Ross Attorney at Law Johnstown, N.Y.
2. 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
3. Changes in the Divorce Lawin New York State Effective in October, 2010:
5. Before divorce can be granted Law Office of Ellen S. Ross, Johnstown, New York
6. Child custody and visitation Law Office of Ellen S. Ross, Johnstown, New York
7. 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
8. In any action for divorce Spousal maintenance is calculated by a formula, like child support. Law Office of Ellen S. Ross, Johnstown, New York
9. 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
10. 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