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Irreconcilable Differences in New York
Mediation Associates is happy to convey to our clients that the "irreconcilable differences" grounds for divorce has been signed into Law. In addition, there are some changes in the law for temporary maintenance to the lesser earning spouse and attorneys fees for the lesser earning spouse. As for the no-fault provision, we will have to state that the marriage is irretrievably broken for a period of greater than six months, but there will not be "blame" made on either party.
The no-fault provision goes into effect 60 days from August 15, when the Governor signed the law; spousal support and counsel fees provision go into effect in 120 days from then. However, since "fault" and "grounds" are very much a technicality for us, this change is welcome, but not enormous. We will continue to update our clients with the details as always!
New York is an equitable distribution state which means that in a New York divorce the court divides marital property equitably between the parties, unless a written settlement agreement is achieved. All property in the divorce case is either separate property owned by the individual, or marital property owned by the married couple.
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