No Fault Divorce Bill Awaits Governor's Approval
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A bill awaiting Governor Paterson's signature has the potential to change how unhappy couples end their marriages. And while supporters say it is long overdue, critics argue it will have a negative effect. NY1's Michael Scotto filed the following report.In 49 states the divorce process can be completed simply, without having to place blame on husband or wife. But New York has long been the exception.
Couples wishing to get divorced either have to first separate for a year or blame one of the parties involved, citing reasons like adultery, abandonment or cruel treatment.
A bill recently passed in the State Legislature changes this, letting couples split up simply through mutual consent.
"It allows them to go forward, technically more quickly without as much court intervention and without having to blame one or the other of something, in some cases heinous," said State Senator Liz Krueger.
"You have people that are living in apartments with lines of tape down the middle of the apartment because neither party wants to live during the determination of which party is at fault," said State Assemblyman Jonathan Bing.
Past attempts to revise the law have run up against opposition from a diverse coalition. Some have argued it will allow wealthy spouses to leave their former partners with nothing.
"I think it puts women in a very difficult position. Economically, marriages work for women and men. When women divorce, their incomes drop and they are saddled and they have their children to take care of as well. And its not fair for them," said State Assemblyman Michael Benjamin.
Meanwhile, some religious organizations say no fault divorce will allow people a quick escape from what many see as a difficult, but lifelong commitment.
Critics also argue the bill will bring on a flood of divorces and strain resources.
The Reverend Jason McGuire from the group New Yorkers for Constitutional freedoms said in a statement, "While I...believe that divorce reform is necessary, I do not believe that no-fault divorce is a good thing for New York State finances or its families.”
Governor David Paterson has said publicly that he will sign the bill. He has until midnight Saturday to act.
Supporters say the change is long overdue.