GAME ON!

The Governor has signed the new No Fault bill and now on October 12, 2010 the bill we all fear will change the face of matrimonial practice will be law.

What does it mean?   Isn't No Fault a good thing?

Yes the no fault provision is a good thing and it is finally time that the legislature passed this very civil way of ending divorce lititgation. However, the two main lobby groups who opposed No Fault all these years screamed that the non-monied spouse will no longer have any leverage in a divorce battle if No Fault is taken off the table. Hence the geniuses  who drafted the bill sought to equalize the playing field by now imposing a brand new set of guidelines...(not really guidelines....but requirements) imposed upon the litigants and the judges rules which need to be followed for maintenance (aka alimony) and attorneys fees.

Wherein under the old laws both of these items were negotiable and discretionary with the judge, the law now requires judges to follow the state mandated guidelines without input much the same way child support is now handled.

While these lobbiest's cheer and applaud what they fail to take into account that those with the cash will now fight even harder and longer and in the end may wind up not agreeing to anything....sure they will pay...but most of the litigation will suck up the marital assets because at least here on Long Island there aren't a lot of millionaires getting divorced.  Most couples own a home, have a pension and if they are lucky a small savings.  All are subject to loss in a lengthy litigation.

So congratulations NOW.  Congratulations the Catholic Council...you certainly have succeeded in getting your voices heard.  Let's see how long it takes the litigants involved to now turn on you for your short sightedness.....Once upon a time there was a council put together of matrimonial attorneys who gave their opinion to the then head judge Judith Kaye on how to reform divorce litigation in NY.  She listened and then ignored their advice....then it went to the politicians to fix and we all know what happens when the government attempts to regulate anything......so let the games begin.