Sometimes conventional wisdom is right. The evolution in the matrimonial law reflects the changing roles of men and women in marriage and their property relationship and obligations to each other. In so much as the law manifests this cultural shift, it should therefore incorporate prevailing values and sense of fairness. Three bills that would significantly change matrimonial practice for the better have been passed by the New York State Assembly and Senate. They now await Governor David A. Paterson’s signature.

By now much has been said and written about the potentially seismic shift in the state’s matrimonial law.1 Formally stated, the bills are: S3890A/A9753A, an act to amend the domestic relations law, in relation to no fault divorce; S4532A/A7569A, an act to amend the domestic relations law, in relation to the payment of counsel and expert fees in matrimonial actions; S7740A/A10984A, an act to amend the domestic relations law, in relation to interim spousal support and post-marital income obligations; and to repeal certain provisions of such law relating thereto. This article will explore, in broad strokes, the likely effects of these bills on matrimonial practitioners and litigants. More specifically, we will address ways in which mediators and their clients may experience these changes.

No Fault Divorce

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