While every other state has had some form of no-fault divorce laws on their books since 1985, New York was the final holdout. But with the passage of legislation S3890, and subsequent signing into law by Governor David Paterson on August 15th, 2010, the law in New York concerning divorce, child support and alimony (“spousal maintenance”) has been dramatically changed.
Under the existing fault-based system, one party was required to cite grounds for filing for divorce. That is no longer the case and a divorce can be granted as long as one party signs a statement that the marriage is irretrievably broken down. Under the new no fault divorce and alimony laws, a mathematical formula is used to determine alimony – called maintenance under the law. The new formula sets alimony at levels different than most courts previously awarded. The new law also requires judges to consider a host of new factors in making their rulings. Additionally the rules for modifying child support have been completely changed.
If you are considering filing for divorce, talk to an attorney at Stenger, Diamond & Glass LLP, about how the new New York state divorce and alimony laws under S3890 will impact your final judgment. Our firm is committed to staying on top of the latest developments as courts address the issues arising under the new laws. Although you may be filing without grounds, there are ways to protect your financial and family interests by working toward a settlement. Retirement and investment accounts, tax debt and other financial issues should all be discussed and worked out according to a long-term strategy that protects your future far into the future.
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At Stenger, Diamond & Glass LLP, our New York family law attorneys are ready to help you fight to protect your interests in all divorce issues related to child custody, property settlements and spousal support under the new New York divorce and alimony laws. We understand how emotional and personal your divorce is to you and your family. We promise to treat your case with complete confidentiality, while being responsive and sensitive to your needs and concerns throughout your case. You will work directly with your lawyer, while remaining confident in the knowledge that your attorney will rely on the support and knowledge of a team of experienced family law attorneys.