Back when divorce was relatively rare, the state set a high threshold for allowing it, and only approved it when significant misconduct occurred.
The situation was often that of a husband abusing or cheating on his wife, who was financially dependent on him.
Courts tended to err on the side of protecting the wife and any children from becoming destitute, and often treated the divorce process as a way to punish the husband.
Today, things are different in almost every way. Women have substantial earning power in the fields of their choice, child support is automatic and highly regulated, and with the advent of same-sex marriage in New York, many couples aren’t living with gendered income differences at all.
Divorce settlements under current law are designed to treat both spouses fairly, by distributing property, debt, and cash in way that best represents their interests, and encouraging involved parenting by both spouses.
New York has also implemented a no-fault divorce ground, called Irretrievable Breakdown, which allows for divorce even when there are no allegations of misconduct.
While it will always be true that divorce is a painful and often acrimonious life event, the system today is geared toward making the process more fair and predictable than it was in the past.
The attorneys at Zelenitz, Shapiro & D’Agostino work closely with our clients to understand their needs, then fight for them vigorously.
To get the best settlement possible, get the best lawyers available.
Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce lawyer.