After several decades of debating No Fault divorce in New York, Divorce in New York is about to enter the 21st century many say. With the adoption of the New York no fault divorce law, which was signed by NY Governor Paterson on August 15, 2010, after being passed through the various other branches of the New York legislature. New York was the last of the 50 states to have a no-fault divorce law on its books, and this change to the New York Divorce laws will have a major impact on New York Divorce.
Paterson said that the NY no-fault Divorce law adoption, in his statement to the press, “These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons — too often women — who did not have sufficient financial wherewithal to protect their legal rights,” the governor said in a statement.” He further said that the no fault divorce law A9753/S3890, will bring the state’s divorce laws into the “twenty-first century” when the new law takes effect Oct. 12.
What is No Fault Divorce
No-fault divorce means that a couple need not prove any instances of wrongdoing or abuse in order to file for divorce in a court of law in New York. With New York being the last holdout state to adopt no fault divorce, The
No Fault Divorce in New York may make times tougher for Children
United States is now officially a “no-fault divorce nation”. This is one of the rare instances in which all 50 states show some sort of uniformity on an issue. However, there are many people of various religious and non religious background who believe that with New York finally succumbing to the no fault divorce pressure, divorces in New York will now skyrocket because divorcing your spouse is easier, which will lead to higher divorce rates in New York, just as it did to the rest of the country.
Under the previous New York Divorce law, couples who wanted a divorce in New York without proving fault had in some ways “prove fault” by being separated for at least one year before becoming eligible to file. Under the new law which takes effect in October, spouses are allowed to terminate their marriages within a period of six months after declaring that their marriage is “irretrievably” broken down.
California was the first state to adopt no-fault divorce laws, passing the California no fault divorce laws in 1969. Other states followed closely behind in adopting the no fault divorce laws, and by 1985 all states except New York had some form of no-fault divorce law in place. Obviously now New York has changed its stance on no fault divorce. Historically New York chose to remain fault-based divorce for various reasons, including both religious (New York has a sizeable Catholic population) and various secular arguments against no fault divorce in New York. With the change of the legislative leanings in New York from Republican to Democrat however, this law breezed through – perhaps too quickly. This thinking comes from the holes in the two companion bills that went along with the New York no fault divorce laws, which address the various factors that judges can use in determining maintenance.
Problematic companions to the New York no fault divorce law
There are many outspoken advocates of the no fault divorce law in New York, including some judges, who feel that the companion bills are problematic as they are very unclear about how maintenance should be calculated. A commission has been appointed to research alimony standards and other maintenance standards in New York, however a report will not be available oddly enough, until the end of next year. Therein lies a large part of the confusion about no fault divorce in New York.
Arguments against No fault Divorce in New York
There are many who have been and continue to be against no fault divorce in NY, for various reasons. For example, the NY chapter of the National Organization of Women has become an outspoken opponent of no fault divorce. Rachel Allen, a member of NOW’s California chapter, explained in a recent interview that since wives often have less financial security than their husbands do, it negatively affects their success in negotiation. “It’s not the catcall approach to divorce that people thought it might be,” Allen told the interviewer, “and it’s really dangerous for women and their children.” Further, the head of New York State’s NOW chapter, Marcia Pappas, argues against no-fault divorce because she says it strips the non-earning spouse of bargaining power. “We must look at the socioeconomic standing of women in our society. Women clearly continue to be the non- or lesser moneyed spouse, as women continue to give up careers and financial independence for the role of housewife and mother. For this reason alone we must look closely at how divorce affects the lives of women and children and the role that the state should play to ensure that homemakers and children not be left destitute after divorce.”
Another common argument against no-fault divorce, according to a report in New York Newsday, is that victims of physical abuse shouldn’t have to negotiate with their abusive spouses regarding their children or finances. However, abused spouses would be more pressure now to present proof of their abuse in order to get a fault-based divorce, and this will further prolong divorce proceedings along with the anger and animosity that often accompany a divorce. However, a recent study from the University of Pennsylvania revealed that no-fault divorce has reduced spousal abuse in marriage by one-third.
Pros and cons of No Fault Divorce
There are many pros and cons to no fault divorce which are frequently debated. These include:
Pros to no-fault divorce in NY
- States that adopted no-fault laws saw a decline in the rates of domestic violence.
- These laws empower a man or woman in an abusive marriage and make it easier to leave.
- Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing.
- Helps reduce the heavy caseloads of family courts.
Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation. - Divorce settlements are based on need, ability to pay and contribution to the family finances, rather than on fault.
Cons to no-fault divorce in NY
- Over 80% of no-fault divorces are unilateral. This means that one party to the divorce objects to the marriage ending and no-fault laws take away that parties control over whether or not they can save their marriage.
- Has given more power to Family Court Judges in deciding issues such as custody, splitting marital assets and spousal support. When there is no one at fault, a judge’s decisions are based on his feelings and feelings are not always objective.
- Takes away a father’s rights to his children because they have no defense against a wife who wants to leave the marriage. Courts favor mothers and under the no-fault system it is hard to prove a mother unfit to parent.
- The idea that marriage is a covenant larger than the two people who make it has been lost. Marriage vows and the promise made to each other during those vows have lost their value. This is evident in the high divorce rate in the United States.
- Lowers a dependent wife’s living standards because she no longer has grounds to argue in her defense. Her husband can choose to leave her and 75% of the time the courts will not enforce any spousal support. Since the mother gets custody more often than the father this also means a lower standard of living for the children.
- Where once the Family Court Systems allegiance was with the institution of marriage, it is now with the institution of divorce. Family Courts used to put effort into protecting the sanctity of marriage. Now the main concern is to make divorce quick and easy and get it off the docket.
No Fault Divorce in New York
The new no fault divorce law in NY, which was signed in August, takes effect in October 2010. This is a law that many people were looking forward to having passed, and many others were strongly against the passage of this no fault divorce law in New York. The no fault divorce law in New York will definitely be a hot topic for debate in the years to come. Is it the beginning of the end, or a new beginning for divorce in New York? Only time will tell.. Whether you are pro or con with the New York no fault divorce law, all would agree that it is even more important now to have a good divorce lawyer in New York. As the courts begin to adopt the new law, as well as it’s companions regarding maintenance having a good New York family lawyer, one who really understands the differences now to be considered between a fault based divorce in New York and a no fault New York divorce is going to be more essential than ever. Having a good New York Divorce attorney will be able to assist you in making the right decision for your divorce, whether it be a fault divorce in New York or a no fault divorce in New York, and will be able to help you get the best settlement possible. A good New York divorce lawyer will also help you in child custody in New York, as well as Support issues. Finding a Good New York divorce lawyer, one you can trust, can be easy as well. Check our directory of Good NY divorce lawyers, especially our featured Divorce Lawyer pages. Or you can simply use our contact a Good Divorce Lawyer form, which will send the basics of your divorce case confidentially to up to 5 good New York divorce lawfirms, who will contact you at your convenience to discuss your divorce case.
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