no-fault divorce in new york state
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No-fault divorce is coming to New York State in October 2010TRANSCRIPT
No-fault divorce• Coming in October 2010 to New
York State!
An introduction to theNew “No-Fault Divorce” Law in New York State
By Ellen S. RossAttorney at LawJohnstown, N.Y.
Law Office of Ellen S. Ross, J
ohnstown, New York
New
gro
unds
for
div
orc
e in
New
Yo
rk
Legislation creates a new cause of
action for divorce and also addspresumption in favor of
temporary orders of spousal
maintenance and counsel fees
New cause of action for divorce
No-fault divorce will not be
granted unless court resolves all
issues
Presumption in favor of an award
of spousal maintenance
Presumption in favor of an award
of counsel fees
CHANGES IN THE DIVORCE LAWIN NEW YORK STATE
Effective in October, 2010:
Law Office of Ellen S. Ross, J
ohnstown, New York
New Section 170 (7) of the Domestic Relations Law:
One party states under oath that
The relationship between husband and wife has broken down irretrievably for a period of at least six months
BUT ….
Irretrievable breakdown of the marriage
Law Office of Ellen S. Ross, J
ohnstown, New York
• Equitable distribution of marital property
• Assign responsibility for debts
Property
• Payment or waiver of spousal support
• Payment of child supportSupport
• Payment of attorney’s fees• And …..
Counsel fees
Before divorce can be granted
Law Office of Ellen S. Ross, J
ohnstown, New York
Custody and visitation of the children
must be
resolved by the parties
OR
determined by the Court, AND
incorporated into the Judgment of
Divorce.
Child
cust
ody
and v
isit
ati
on
Law Office of Ellen S. Ross, J
ohnstown, New York
In a
ny
act
ion f
or
div
orc
eThe spouse with the
lower income is presumed to be entitled to an award of
spousal maintenance.
Law Office of Ellen S. Ross, J
ohnstown, New York
In a
ny
act
ion f
or
div
orc
eSpousal maintenance
is calculated by a formula, like child support.
Law Office of Ellen S. Ross, J
ohnstown, New York
In a
ny
act
ion f
or
div
orc
e 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, J
ohnstown, New York
In a
ny
act
ion f
or
div
orc
eThese changes apply
to all actions started
after the effective date, even those based on fault grounds.
Law Office of Ellen S. Ross, J
ohnstown, New York
For more information, contact the Law Office of Ellen S. Ross
105 North Perry Street
Johnstown, NY 12095
518-736-1146
http://www.ellenross.com