New York – You love each other but concede the marriage is not working. Nobody’s fault, really. For couples wanting to get a divorce in New York, that’s a problem.
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New York remains the last state in the country without a no-fault divorce law that allows couples to divorce quickly and without much legal expense.
Off and on since California became the first state to adopt no-fault divorce proceedings in 1969, New York legislators have made repeated, but unsuccessful attempts to simplify the state’s divorce laws.
The issue is once again up for debate. The state Senate is holding a hearing Thursday afternoon on marriage-law reforms, including the adoption of a no-fault divorce.
In New York, couples who want to divorce must fault their spouse on specific grounds, like adultery or the more nebulous charge of cruel and inhuman treatment. A spouse who abandons another for more than a year or who is imprisoned for more than three years can be granted a divorce. Otherwise, couples must legally separate for a year before being allowed to file for divorce.
Advocates of no-fault laws say time and money is wasted on legal fees, making a difficult and stressful predicament worse, especially for children.
The last major effort to reform the state’s marriage laws was in 2006, when a matrimonial commission issued a report calling for sweeping reforms. Foremost among them was instituting no-fault divorces. The chairwoman of the commission, Judge Sondra Miller, is scheduled to speak at Thursday’s hearing.
A forceful opponent of no-fault divorce is the National Organization for Women. The New York chapter of NOW wrote in a policy paper that no-fault divorce is especially harmful to women who are victims of domestic abuse.
“No-fault divorce takes away their options, it allows the spouse with no grounds, batterer or not, to obtain a divorce over the objections of the less powerful spouse without negotiating a divorce settlement,” the group wrote.
The 2006 matrimonial commission report addressed this issue, however. It recommended that no-fault divorces not be allowed to be finalized until both spouses resolve in writing their concerns over child custody, child support and other economic concerns.
The lawyers are the only winners in NYS>
This issue affects the frum community in a terrible way. Granted – divorce is usually not done because of the deep love between the two parties, but it is not always borne of hate either. The couple who seek to part ways peacefully, especially if they begin the process in beis din, and have undergone professional efforts to reconcile are still forced into becoming adversaries. This has dreadful effects on everyone involved. I’m no friend of lawyers, but often even they feel they are forced to lie or bend truths in order to find “fault”. And the contrived or mostly exaggerated “fault” becomes a matter of legal record.
The no fault law is not just archaic, but its negatives outweigh its advantages many times over. I hope the proposed changes occur.
No fault divorce has wrought terrible destruction on American society. Certainly the Torah does not approve of it, and does not allow it. A much more sensible reform would be to allow mutual consent as a legitimate grounds for divorce. In halacha today, at least for Ashkenazim, mutual consent is almost the *only* grounds available; unilateral divorce is allowed only in extreme circumstances. NY law needn’t be quite that strict, but it should certainly not throw the gates wide open by allowing people to unilaterally divorce their spouses on a whim.
There must be some kind of marriage counseling before and during a marriage- the divorce rate is due to many factors- some of which are repulsive and deplorable. That is where the money should be spent on. Character development is another area that is swept aside these days. That- money can’t buy. An ethical lawyer (if that does exist) would recommend counseling before the mudslinging hollywood style loshon harah takes place(in front of children unfortunately) by a callous spouse. Ideally beit din should be the correct venue for a G-d fearing yid-however the secular ends up getting involved due to 1 spouse not accepting settlement.
this law does not make a big difference, since most of the fights are over the child custody, child support and other economic concerns.
They such have something on Parental Kidnapping Because some people can not make it in one state so they move to another and it not fair if someone can not make it in one state and goes to another to make it and get charge for kidnapping.Some clause should be adopeted to the kidnapping law it not fair to the person that has to relocated because they can aford to live in the same state.any More.