The one thing that almost all new laws have in common is a close relationship with the Law of Unintended Consequences. When New York began allowing ‘no fault’ divorce in 2010, it was supposed to remove the acrimony caused by assigning blame to a spouse in order to get a divorce. However, divorcing couples have experienced a number of problems because of not-well-thought-out provisions in the divorce law.
Under the ‘no fault’ law, only one party has to state that the marriage has been ‘irretrievably broken down’ for over six months. However, before a divorce will be granted by the Court, all other issues (custody, maintenance, division of property etc.) must be settled. Since there is this six month period, temporary judgments will grant the spouse with the less money monthly maintenance and probably will also require the spouse with the higher income to pay legal fees for both parties.
In theory, this gives both parties equal say in resolving outstanding matters that must be settled before the divorce can become final. In practice, it has not always worked out that way. In the first place, these are two people who are not getting along and were unable to resolve issues before they each hired lawyers. If the ‘poorer’ spouse is really angry at the ‘richer’ spouse, there is little incentive to be agreeable and get the divorce concluded quickly. The longer the divorce takes, the better, is how some seem to feel. What was supposed to give equity to both parties can be turned on its head and used as an instrument of revenge.
Mitchell M. Shapiro focuses his legal practice to the areas of Matrimonial and Criminal Law. This Family Court Lawyer in Suffolk County, NY offers his clients a personalized approach of the highest caliber. Mr Shapiro’s background with the N.Y.P.D. gives him a unique insight into the legal system. Most of his police career was spent assigned to the Criminal Justice Bureau as a supervisor where he worked closely with the Manhattan District Attorney’s office. He believes that success can be achieved while maintaining high standards of honesty and integrity.
Anyone who needs a Family Court Lawyer in Suffolk County, NY should Contact The Law Office of Mitchell M. Shapiro, P.C. for a free consultation.
