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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!
The New York court requires that divorcing spouses attend a preliminary conference, at which the parties try to decide occupancy of the marital home, daily care for any children and payment of expenses. At the conference, the spouses also discuss exchanging of the following information that includes net worth statements, appraisals of pensions and real estate, interrogatories (formal written questions), and the taking of depositions.
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