New methods of processing divorce cases in New York are needed since getting a divorce there can be a much more difficult and costly measure. It's been six years now since there were recommendations for streamlining procedures and lessening the amount of time each case takes in court, but so far nothing has happened. Cases often have to wait as much as a year to even get a date in court, and once there issues often continue to arise that take longer and longer to resolve. Cuts in court budgets are exacerbating the already clumsy situation. The system is being over-taxed, and people and financial resources are suffering the effects.
When discussing the court budget for the 2012 - 2013 year, the Chief Administrative Judge offered to do what he could to reduce the delays and backlogs that were building up in the state. However, there is little the courts can do. Attorneys have the power to stretch out their cases for their own financial gains, and they aren't required to agree to any settlement. Although updated guidelines regarding child and spousal support and no-fault divorce were implemented in 2006 and have helped the situation some, budget constraints have delayed any further changes.
During 2011-12, state court budgets were slashed $170 million. Cuts included staff reductions through retirements and layoffs which has resulted in fewer court workers and decreased services. Litigants find little help when dealing with courthouse workers, have fewer opportunities to represent themselves in order to eliminate attorney fees, and fewer law librarians. The operating hours for the courts were shortened meaning that time to try cases and hold hearings has diminished causing larger backlogs and postponements which raises the legal fees clients are having to pay. Shortened hours also means that a case can drag on for more days forcing the litigants to miss more work.
Divorce costs were reaching proportions that many people with only modest incomes could afford, so $25 million of the state's 2012-13 budget was set aside to help them. Efforts are also being made for more pro bono assistance to be offered to the poor. Unfortunately, while these measures may help individuals, they add to the burden placed on the courts and the broken divorce system.
Although collaborative divorce programs are available, it involves both parties being reasonable and compromising, a situation which isn't available in many cases. It only takes one person to make proposed settlements disintegrate making the process stretch out for months. Since divorces aren't all done in one session, it means setting numerous court dates which can be weeks apart.
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