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Following a proposal by Chief Judge Judith Kaye on Monday, state Senator of New York, John DeFrancisco has offered his support for a change in the state of New York's strict divorce laws. New York to date is the only state in the U.S. without a form of “no-fault” divorce, meaning that couples cannot separate purely on grounds of incompatibility or irreconcilable differences.
In New York, a member of the marriage must show that their spouse has either committed adulterous acts, acted in a cruel or inhumane way, or has abandon them in order to file for divorce. The couple may also file for divorce after one year of living separately, abiding by a strict legal agreement that addresses issues such as finances, and child support and custody.
Judge Kaye has stated that she proposed the amendment to New York divorce laws to expedite the already lengthy, expensive and painful process of divorce. “The system we have now needs only to be improved,” the judge stated. "There's less pain, less agony, less cost, less impact on children; less of every bad thing, more of every good thing.”
The proposed divorced plan will allow couples to complete the divorce process over a 30 day period provided the couple has resolved all of their economic and child custody matters. “It's not a straight no-fault, but it goes a long way to eliminate court proceedings that are brought just so people don't have to wait a year,” commented the Senator. Supporters of the new law agree that the current and outdated New York law is only a breeding ground for dishonest testimonies and long, trying situations for married couples and children.
While Judge Kaye acknowledges that significant attention would have to be given to financial and custody issues in the event that the law is passed, there are many other women who are publicly denouncing the proposal.
The National Organization for Women is opposing the proposed law alleging that the current system allows the appropriate time and effort needed to uncover cases of spousal abuse, which can greatly affect financial settlements. President of the National Organization for Women has expressed her disapproval of Judge Kaye's efforts, claiming that rushing the divorce process could have a severely detrimental affect on women who are relying on their husbands for financial support.
“They need to have a bargaining chip. We need to have a safety net for the non-moneyed spouse and that's usually the woman,” Marcia Pappas, President of NOW-New York commented. “Until we see protection in place for women, we will not even consider no-fault divorce.”
In support of the proposition, Vincent Stempel, President of the Bar Association's family law department has commented on the negative effects of the current law on family life, which can be as substantial as driving a family to move elsewhere in order to legally receive a divorce.