Can I make my spouse pay for divorce in NY?
Well, as with most legal answers, that depends. It depends primarily on if you are considered the less-monied spouse. Along with the legislation that allowed NY to become a no-fault divorce state, was another bill signed by the Governor, A7569-A/S4532-A.
This bill created a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. Under the previous law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means.
It does not matter who initiated the divorce proceedings, the laws use a formula and calculation to determine temporary spousal support (if any), as well as less monied spouse based on income. With the no-fault laws now in place in NYS, one can not contest the divorce itself. But there are two parts to the divorce proceedings; grounds and terms.
Just because one can not prevent the divorce from happening, and maintenance is calculated by a formula, does not mean one does not need the advice of an experienced divorce attorney. It’s necessary when it comes to the terms of the divorce to have a clear understanding of the agreements and terms that will effect the rest of your life as well as your children’s.
Within the terms of the divorce many things are decided, equitable distribution of marital property, spousal support (alimony), child support, custody etc…
It’s imperative that you are familiar with each aspect of the terms of your divorce, and receive what you are entitled to under the NY law.
Divorce is a complicated process. Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.
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