Updated 07/02/2010 08:21 PM
State Senate Signs Off On No-Fault Divorce Legislation
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New Yorkers in unhappy marriages will soon have an easier time getting out of them, now that no-fault divorce has won approval in Albany. NY1's Grace Rauh filed the following report. Most marriages start off happily enough with joyous weddings, but if the tide turns, divorce in New York State can get a little tricky. Until this week, New York was the last state in the union to not allow adults to end their marriage without assigning blame.
"You weren't allowed to get a divorce unless you proved to a person in a robe that your spouse was so horrible and so bad that you were entitled to not have to live with them. This is all changing," says divorce lawyer Susan Moss.
State lawmakers recently voted to allow what's known as “no-fault divorce” in New York. The legislation would let couples end their marriages without having to prove that they were the victim of adultery, cruelty or abandonment, and would allow a New Yorker to unilaterally file for no-fault divorce.
Governor David Paterson is expected to sign the bill.
"Now we are treating New Yorkers like adults. If someone wants to get a divorce, if there is a dead marriage, they can get a divorce," says Moss.
Not everyone in New York is cheering -- including prominent divorce lawyer Raoul Felder, who represented former Mayor Rudolph Giuliani and the exes of entertainer Liza Minnelli and boxer Mike Tyson.
"It's not a good thing. It lets men, older men, wealthy men, throw their wives under buses," says Felder.
Opponents predict the courts will be flooded with divorce cases, and note that married couples who want to split amicably can secure a divorce in New York State right now, after a one-year separation agreement.
"We think it sort of turns marriage into a disposable commodity," says Dennis Poust of the New York State Catholic Conference.
State Senator Liz Krueger, however, speaks from experience when she talks about the need to change New York's divorce law. She and her first husband attempted to split in New York in the 1980s, but she refused to lie under oath about their relationship.
"I said, 'This is a ridiculous process.' So I fired the lawyer and said, 'No, I'm not interested in going down that road,'" she says.
Kruger completed her divorce in Ohio, where there was a no-fault system at the time.