The Times Wants No-Fault Divorce
March 26th, 2006

An editorial in The New York Times today calls for the state legislature to overhaul New York’s divorce and child custody rules, following the recommendations of a court-appointed commission that studied the issue for two years. One way that would bring the law into line with most of the rest of the country would be to institute a “one-step, ‘no fault’ divorce….Under present [New York] law, a marriage cannot merely die. It must be killed by one spouse or the other, through adultery, cruel and inhuman treatment, or abandonment even when none of these things have actually occurred, and even when both people agree on all the particulars. This means, in effect, that people have to lie [in court]…”

For more on the matrimonial commission’s recommendations, see Gotham Gazette’s law topic page, Divorce, New York Style, by Justice Emily Jane Goodman.

By on March 26, 2006, 4:15 pm
In category: Albany,Gotham City,Law | 2 Comments »

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2 Responses to “The Times Wants No-Fault Divorce”

  1. Larry Littlefield Says:
    March 27th, 2006 at 7:54 am

    As I said in response to that article, there is no such thing as a no fault divorce if children are involved. It could be a “both adult divorce” but not a “no-fault” divorce.

    A divorce represents a choice by adults to make their lives better, with collateral damage for the children. The court should force the parents to admit the potential impact on the children, demand that they commit to actions to limit the damage, and monitor compliance with that agreement in exchange for a divorce.

    In every way but this, New York City may be the most anti-child place in the United States which, if you look at the national debt, is an anti-child country. No fault divorce is merely an attempt to satisfy the interests of those who matter more.

    If divorce laws are to be re-written, they should be re-written in a way that puts the community on the children’s since to a greater, not a lesser, extent.

  2. Pat R. Says:
    December 4th, 2006 at 10:43 am

    What might be easier for couples to accomplish leaves big tax burdens for taxpayers since they must make up the difference in the costs of health care and other expenses in divorce.

    No Fault divorce is the “reverse-privitization of divorce” in that the welfare of families are thrown upon the resources of the state for their survival.

    The constant complaint of children or women without health care insurance is the situation created by no fault divorce which allows men to escape the responsibilities of creating families, and then ignoring them, and escaping them to escape the expense associated with them.

    It is the process of leaving women and children on the court house steps and walking away – knowing that the state must deal with the problem!

    Everyone’s taxes go up in this instance because the greater number left on the court house steps, the greater the need for taxes for their survival.

    If lower taxes are an objective, leaving women and children on the court house steps would not be an option, regardless of how divorce is obtained.

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