No Fault Divorce Laws in New York

No fault divorce laws in New York have offered the courts a method to expedite the termination of a marriage without the unnecessary litigation. As with all new laws, the provisions are designed to respond to a wide range of divorce conditions, leaving the courts to develop or define how court determinations apply to maintenance entitlements under the new guidelines.

No fault divorce in New York makes it official in all fifty states of the USA. New Yorkers now have the ability to expedite the dissolution of a marriage eliminating the arguments involved with the previous fault based divorce cases. The new law in New York does not change divorce matters related to calculating responsibilities of both parties pertaining to property, assets and maintenance amounts. The primary focus with New York divorce laws continue to be the welfare of the children, and the proper administration in the division of assets accumulated during the marriage.

New York's no fault divorce is intended to remove the personal emotions that have historically been part of most legal divorce actions. The new law puts the focus on the legal rights of both parties ensuring that fair decisions are made on factual information. It also eliminated any intentional delays, meant to prolong the final court determinations from being made within a timely basis. Both parties are required to respond to reasonable requests pertaining to full disclosure of information, so that the courts can properly calculate court ordered maintenance payments. 

The new law responds to two major factors pertaining to long term marriages, where one party may have remained in the home without a career outside of the marriage, causing a lack of personal income earnings.  The concerns are to make sure that both parties are able to maintain adequate subsistence, by adding a feature to assist the lower earning party during the divorce proceeding with living expenses.  The second feature affects the higher earner, who may be held responsible for payment of both party’s legal representation to eliminate any disadvantages to the owner income earner due to financial circumstances as a result of the divorce. 

In the past the court would assign the higher earner an amount to be paid to the lesser earner as a result of the divorce.  What happens in some cases, after the payments are made to the lower earner, the higher earner is now subjected to living below the original living standards, due to the aftermath of the divorce proceedings.  The lesser earner may now have more financial freedom leaving the once higher earner to struggle with an unfair economic situation.

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Juliet Woods
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Posted on Jan 31, 2013
Peter Curtis
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Posted on May 18, 2012
Guimo Pantuhan
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Posted on May 17, 2012