Lawyers hope to introduce 'no fault' divorce to New York
By MICHAEL HILL, AP

ALBANY, N.Y. (AP) - New York would be added to the long list of states
with "no-fault" divorce, if a lawyers' group gets its way.

The state Bar Association says New York is the only state lacking some
version of a no-fault divorce law, in which a spouse suing for divorce
does not have to prove their partner did something wrong.

Though efforts to make divorce easier in New York have failed in the
past, the attorneys are making a new push to put a no-fault law on the
books. Proponents say contested cases under the current system can
extend bad marriages, encourage dishonest court testimony and can be
invasive for couples.

"It causes such misery," said Manhattan attorney Harold A.
Mayerson. "I
have to sit here with clients all the time ... and I have to say, 'I'm
sorry, but I have to be a bit voyeuristic in your life. What's your sex
life like? Did you sleep with this guy in the last year? If you didn't,
why not?' Who wants that?"

Grounds for divorce in New York currently require one of the spouses to
be found "at fault" of serious misconduct like adultery, abandonment or
cruel and inhuman treatment. However, couples who reach consent
agreements can be granted a divorce after living apart for a year. A
bit more than a three-quarters of the 62,530 divorce filings last year
statewide were uncontested, a large number of them involving consent
agreements.

No-fault laws became popular around the nation beginning in the '60s
and '70s. A no-fault bill was introduced to the New York state
Legislature in 1989, but it stalled in the face of opposition from
religious lobbyists who felt it devalued the sanctity of marriage and
domestic advocates who worried it might be unfair to women.

"By the '80's, virtually every jurisdiction in the country except New
York had some form of no fault," said lawyer Alton L. Abramowitz.

Abramowitz helped write proposed no-fault legislation with other
members of the state bar that would allow for divorces when a marriage
has "broken down irretrievably."

While it might seem counterintuitive for lawyers to want to streamline
a process that makes them money, Abramowitz said the current system is
rife with problems. He said under the current "at-fault" system,
couples routinely conspire to make up a fault - like "We haven't had
sexual relations in a year" - to get a divorce. It's also common for
spouses to circumvent New York law by establishing residency in
neighboring states with no-fault laws.

The New York City bar has urged the Legislature to pass a no-fault law
and the state Women's Bar Association reversed its longstanding
opposition to no fault last fall. In the latest coup for no-fault
proponents, New York Chief Judge Judith Kaye mentioned it favorably in
her State of the Judiciary address this week.

"After long and careful reflection, I have come to see that requiring
strict `fault' grounds may well simply intensify the bitterness between
the parties, wasting resources, hurting children, driving residents to
other states for a divorce and delaying the inevitable dissolution of
the marriage," Kaye said.

Kaye urged the Legislature to revisit the issue, but told lawmakers
that any changes they make must take into account the best interests of
children caught up in a divorce.

Support for no fault is by no means universal.

Gloria Jacobs, of the domestic relations law task force for the state
chapter of the National Organization for Women, said no fault could be
economically bad for women in cases where husbands are the
breadwinners. She said it could take away the monied spouse's incentive
to settle.

"Moving out becomes grounds for divorce without resolving any of the
other issues," she said.

Dennis Poust of the New York State Catholic Conference said that in
cases where there is no abuse or other recognized grounds for divorce,
the one-year waiting period seems to be working fine.

"We would hope that people who go into marriages see it as more than
just an agreement to be dissolved at a moment's notice," Poust said.
"... If it ends, it should be done with a lot of reflection and,
hopefully, counseling."

The state bar is hoping a legislator will take up a no fault bill this
session. That has yet to happen, though the heads of the state Senate
and Assembly judiciary committees said this week they support no fault.

On the Net:

State bar: http://www.nysba.org/

New York state chapter of NOW http://www.nownys.com/


02/13/05 11:28 EST

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