New York is closer than ever to dragging its divorce laws into the modern era.
While most other states have some kind of one-step “no fault” divorce provision, New York still requires most couples to figure out who caused the marriage to fail. Under present law, a marriage cannot merely die. It must be killed by one spouse or the other, through adultery, cruel and inhuman treatment, or abandonment — even when none of these things have actually occurred, and even when both people agree on all the particulars.
This means, in effect, that people have to lie; they have to go before a judge, swear to tell the truth and then not tell the truth. Those who deal with these issues day in and day out have concluded that pointing the finger at one spouse makes negotiations uglier, costlier and longer.
And it makes Raoul Felder a very, very wealthy man.
Last month, a commission appointed by New York’s chief Judge, Judith Kaye, recommended that New York go to a one-step, no-fault divorce procedure and overhaul its child custody rules. For a very long time, efforts to do this were blocked by various groups, including (predictably) the Catholic Church and (less predictably) the Women’s Bar Association. The Church ain’t coming around, but the WBA is.
In the past, with opposition from conservatives and the Catholic Church, some legislators in Albany have resisted changes in a divorce law often said to be one of the strictest in the nation. Some women’s groups have also resisted any changes, fearing that the “vulnerable spouse,” usually the woman, will fare poorly once no-fault comes into being. Others have argued in favor of incremental change, like an adjustment a few years ago that allowed couples to get a divorce by mutual consent if they lived apart for a year and then filed for divorce — an overly long and complicated process.
However, one important study for the National Bureau of Economic Research has shown that in states with no-fault divorce laws, where women can get out of a bad marriage more quickly, there were fewer suicides among women, less domestic violence and fewer women murdered by spouses. The Women’s Bar Association, which earlier had opposed this shift, now endorses the no-fault option for New York couples.
Even the “easy” procedure can be horribly stressful, because one spouse can derail the whole thing and throw the divorce into the courts. A friend of mine had to go through that last year, after discovering on the day she thought she’d be getting divorced that New Jersey, a no-fault state, no longer had jurisdiction over her divorce because both she and her husband had moved out of state, so she had to start again in New York. She had a hard time hunting down her husband and getting him to actually sign all the paperwork — he resisted, I believe in part because she was getting ready to marry someone else. It wasn’t enough that he’d gambled away all her money; he had to mess with her future as well.
At least with her divorce, child custody was not an issue because the kids were teenagers and he’d never asked for custody. But any reforms that can make divorce a less adversarial process for people who just want to put things behind them and start over has got to be better for the kids in the long run.
Unfortunately this, like all the other reforms Judge Kaye has proposed, has to go through the Legislature, which is in its way even more of a Tammany Hall-era relic than the court system is. But with the backing now of the WBA and other women’s groups (and the lessening of the influence of the Church to some extent), it stands a chance.