October 12.....


When the new No Fault law kicks in on October 12th there will be rejoicing in the streets.....NOT. The new law has come out for those practitioners to review and it is filled with ambiguity and rules open to some pretty intense interpretation.  As it stands now judges on the bench don't always agree with the ways in which equitable distribution is plays out in their courtroom and that law has been in effect since 1985.  It will be foolish to think that this new law with all its bells and whistles will have a shot of being the effective tool which would speed divorces along in the system it is being touted to be.

Everything will need to be tested. All aspects of it will be challenged. The only good news is that Fault will be one less thing which will be litigated, but it will not be replaces by a more convoluted maintenance system...formally known as alimony.

Maybe more attorneys will get paid for their services, that would be a good thing.  Or maybe we will just have more judgements out there against litigants who still can't pay....that would be a horrible thing.

Change is always scary and litigants and no one can predict with any great accuracy to a litigant where they will fall under this new law. To be sure it tends to favor the non monied spouse, but since the one with the money usually possess most of the power, I am reluctant to say that without funds a litigant will be on equal footing with a partner who has access to funds.

It's been a busy fall as usual, relationships that have held together during the summer vacation times are apt to come apart once the routines of school and life settle upon them again.

We will work through this process as we work through everything else, and those who are miserable should not be deterred from trying to give themselves a better life. As miserable as divorce litigation is, the alternative is much worse. Quality of life must be weighed...and a decision must be made based not on the new laws that are out there but on the value one places on peace, and happiness....life really is short....can I interest you in a cheeseburger in paradise?