Finally! Gov. David A. Paterson on Aug. 13 signed into law significant new legislation to reform New York State's outdated divorce laws. New York will finally join the other 49 states in allowing no- fault divorce, meaning couples can end a marriage without having to affix blame, an often costly and lengthy process.
Details still need to be understood, but new legislation would eliminate the need for couples in New York to blame one another should their marriage fail. Comprehensive divorce reform, a three-bill package, has passed both houses of the state Legislature and is expected to be sent to Gov. David A. Paterson by the Aug. 15 deadline, making New York the final state to offer what is commonly referred to as "no-fault divorce.
States' policies on no-fault divorce continues to generate controversy. Opponents feel a 5-year waiting period should be required for a contested no-fault divorce, since current legislation empowers only the spouse who wishes to leave and weakens the other. No-fault divorce has, they argue, created a marriage crisis. Supporters of no-fault divorce acknowledge the high divorce rate will eventually cause serious social damage, but feel restoring a fault requirement might have more negative than positive consequences.
New York would join the other 49 states permitting no-fault divorce, making it faster and less expensive for uncontested breakups, under legislation given final approval Thursday night. Perhaps more significant, the deal updates and makes more uniform the way in which maintenance -- or alimony -- is awarded, ending a current system that some lawmakers say forces some people to stay in abusive or empty relationships because of economic conditions.
Missouri Lawyers Weekly has named Grace S. Day its Women's Justice Woman of the Year for her commitment to family law spanning six decades, even when representing women proved less than lucrative or popular. Day, 84, is one of the oldest female practicing attorneys in Missouri. She started her career in the early 1950s, helping women with divorce proceedings in the era before Missouri's no-fault- divorce laws.
In 1969, California adopted America's first no-fault divorce law. By 1975, 39 states passed copycat laws that permit just one spouse to unilaterally end a marriage. It was sold as a reform that would reduce "conflict within the family" that "is harmful to the partners and destructive to the emotional well-being of children. Those syrupy words come from a no-fault bill recently passed by the New York State Legislature, the last state to do so. It is a grave mistake certain to increase the divorce rate by up to 50 percent, and boost the state budget deficit by hundreds of millions annually.
I have a friend whose spouse just filed for divorce. My friend does not want the divorce. However, I think in Indiana there is "no- fault" divorce. Does that mean that the divorce will happen if only one person wants it? I am sorry to hear about your friend's situation. Unfortunately, the "no-fault" divorce law means just that. One party can dissolve the marriage even if the other one does not want a divorce. This law was enacted in California in 1969 and has spread to other states. The family has had a terrible breakdown as a result.
The New York State Senate Committee on the Judiciary this week advanced no-fault divorce legislation to the full Senate for consideration. The measure would allow a judgment of divorce to be granted to either a husband or a wife without assigning fault to either party. The legislation, S.3890/A.9753, was sponsored by Sen. Ruth Hassell- Thompson, D-Bronx-Westchester, and Assemblyman Jonathan L. Bing, D- Manhattan.
PROVO -- No-fault divorce laws took the togetherness out of what was already an unhappy process, said a speaker at the Stand Up For Family law symposium at BYU on Saturday. Douglas Allen, who holds bachelor's and master's degrees as well as a doctorate in economics, said his studies of the institution of marriage have shown some interesting and unintended consequences to the law that was designed to take some of the acrimony out of divorce proceedings.
ALBANY ? The clock is ticking toward the end of the State Legislature's 2010 session, and Assembly leaders are unsure if there is the time or will to follow the Senate in legalizing no-fault divorce laws in New York. The Senate this week passed legislation to make it quicker and less confrontational for married couples in New York to obtain a divorce. New York would join all other states in permitting couples to end their marriages by mutual consent, without having to assign blame, such as adultery, abandonment or cruel and inhuman punishment.
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