New York to Allow No-Fault Divorce

By Morgan Rousseau

As published 7/9/2010 on The Examiner.Com (original link)

ALBANY -- New York is about to become the last state in the country to enact no-fault divorce, which means a spouse will not have to cite legal wrongdoing in order to obtain a divorce.

Governor David Paterson (D) is expected to sign the legislation into law soon. This coming 57 years after Oklahoma became the first state to allow no-fault divorce. Some view the benefit of no-fault divorce is in the speediness and simplicity of the process.

As of now, married couples must cite legal misconduct, like adultery, or endure a court-sanctioned one-year separation agreement if they want a legal divorce.

But if Paterson signs the legislation, and supporters are optimistic he will, one party in a marriage can end their union at any time, for any reason.

Those opposed say that no-fault may raise New York’s annual divorce rate, which stands at a low three percent. Others are concerned that the legislation could hurt the spouse with the least income, typically the woman.

Prominent women’s activist Marcia Papas, who runs the National Organization for Women in New York state, told amNY that “women will have to spend more to prove they deserve damages and make it easier for men to walk out for capricious reasons.”

The Catholic Church stands opposed to no fault divorce, saying it sends the message that marriage is a “disposable institution.”

Still, supporters say disputes between couples seeking a divorce will be minimized, as spouses split on irreconcilable differences rather than assigning fault.