Since October 12, 2010, a new legal ground has been amended to New York law regarding divorce, and a few other laws have been added:
No-Fault Divorce Law
Prior to 2010, individuals were required by law to have a ground for divorce such as adultery, but now you can obtain a divorce whether or not you have spousal consent. Spouses are now permitted to pursue a divorce when the marriage has irretrievably broken down for a period of six months prior to the commencement of the divorce filing.
Awards of Temporary Maintenance
This new law provides that maintenance will be awarded while the divorce is pending, when one of the spouse’s income is less than 2/3 of the other spouse’s income.
The counsel fee bill states that the more “monied” spouse is to pay to the “non-monied” spouse interim counsel fees in all divorce or family law cases. The intention of this law is to establish a more equitable relationship.
Child Support Modification
The Family Court Act (FCA) was updated to permit modification of an order of child support caused by a "substantial change in circumstances."
Also, unless parties choose otherwise, the court can alter a post-October 13, 2010 order of three years passing since the previous order was entered, modified, or adjusted.
The Law Offices of Lehrman& Klein can also assist clients with the following circumstances:
Where one of the parties to a divorce moves outside of the state. The party who remains in the state usually contends with post-divorce litigation, so we can assist clients who are living out of state, yet still have matters pending in New York