In 1970, following an endorsement Governor Ronald Reagan, California became the second state in the nation to adopt a no-fault divorce law. Forty years later, it looks as though New York will be the last state to follow suit, as Governor David Paterson is expected to sign a no-fault divorce bill into law. The bill received overwhelming approval in the New York State Assembly, passing 113-19. The bill would allow couples to split without assigning blame for the breakdown of the marriage.
One of the bill's sponsors, Assemblyman Jonathan Bing, told UPI that the bill provides another option, allowing "couples to divorce with dignity where right now the system forces one of the members of the couple to be a bad person." Catholic Conference spokesman Dennis Poust told the New York Daily News that the legislation "makes it easier to get out of marriage than it is to get out of a cell phone contract."
Farewell to Finding Fault Overdue
Since 1985, New York has been the only state in the country that still requires accusations of wrongdoing or evidence hearings in order for couples to end their marriages legally. To get a divorce, one spouse must establish the grounds for the divorce, which may include cruel treatment, abuse, abandonment, infidelity and neglect. Alternatively, the couple must sign a separation agreement and live separately for one year before taking court action. In California, a divorce may be granted on the grounds that there are irreconcilable differences that have caused the irremediable breakdown of the marriage.
Some proponents of no-fault divorce say that accusations of wrongdoing can make a difficult process worse by increasing legal costs and the damage to children involved in the divorce. Assemblyman Bing claims that the legislation will decrease domestic violence by empowering victims to leave abusive marriages more quickly.
The Women's Bar Association of the State of New York has shifted its position on no-fault divorce: previously opposed, it now takes the position that no-fault divorce will make the process less hurtful for all parties involved. Cynthia Shrock, president of the association, summarized it this way: she represents the child, and the longer the divorce case lasts, the harder it is on the child. Additionally, she explained that the law would make it easier and more affordable for women to leave abusive marriages, as they would not face the daunting feat of supporting their children and themselves during the one year cooling-off period while struggling to finance a court battle.
No Way to No-Fault
The bill faces some vocal opposition. The Catholic Conference of New York opposes the no-fault legislation, contending that it makes divorce too easy. New York has an annual divorce rate of around three percent, compared to approximately six percent in California, based on data from the National Center for Health Statistics.
Dennis Poust says that the low divorce rate in New York is a good thing, adding that marriage is supposed to be for life. He claims that being required to wait awhile to get divorced is not a bad thing, and that there are adequate quicker alternatives for victims of abuse. Kyle McCauley Belokopitsky, Director of Government Relations for the New York State Catholic Conference, voiced concern before the Senate Judiciary Committee that the proposed law would permit a divorce even if only one spouse wanted the divorce, and for any reason or no reason at all.
Additionally, the National Organization for Women New York State (NOW-NYS) fears that the legislation would put women at a disadvantage. While not opposed to the concept of no-fault divorce, Marcia Pappas, president of the state chapter, has voiced concern over a loophole in the bill that she claims creates the potential for the wealthier spouse to tie up the other spouse in court and possibly gain an advantage in negotiating for custody and spousal support.
No-Fault Statistics
A 2004 study by the Stanford Business School examined the effect of no-fault divorce laws on domestic violence and divorce rates as states adopted such laws. The study reported a sharp increase in divorce rates following the passage of no-fault laws, but a leveling out back to pre-law rates in about ten years. In contrast, both domestic violence and suicide rates dropped sharply in states that accepted no-fault divorce.
Belokopitsky agrees that divorce laws in other states and countries have resulted in measurable increases in the divorce rates, and warned that studies have shown that marital dissolution brings with it significant negative impacts on children, adults, families and society as a whole.
Spouses considering divorce should speak to an experienced divorce attorney before filing. Where the divorce action is filed can have significant impact not only on the division of current debts and assets and the award of future support payments, but also on whether the court will even grant the divorce.
