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CITY HALL
www.cityhallnews.com
AUGUST 2007
Advocates on All Sides See Faults in No-Fault Divorce Debate 49 states have loosened divorce requirements, but New York unlikely to follow soon BY JOHN R.D. CELOCK A bill to bring New York’s divorce laws in line with those of the other 49 states remains stalled in the Legislature, as powerful religious and women’s groups block a proposal championed by the state judiciary. State judges have been championing no-fault divorce in the state. No-fault divorce would allow judges to grant divorce without grounds—such as abandonment, adultery and cruelty. The process is the same as divorces allowed on the grounds of irreconcilable differences in other states. State Supreme Court Justice Jacqueline Silverman, who chaired a judicial commission studying matrimonial law, said the system of finding fault for granting a divorce in New York has clogged the courts and has put low-
when they file for divorce from an abusive spouse. The National Organization of Women has said that women who stay at home to raise children are often at an economic disadvantage when filing for divorce, as
object. “There are very few honest cases of abandonment,” Silverman said, referring to the most frequent cause cited by agreeing couples. “If they agree to grounds, few judges will put their own objections to grounds. They will even allow a divorce on cruelty.” A bill to allow nofault divorce is currently pending in the Legislature, as part of a larger divorce reform package. Assembly Member Helene Weinstein (D-Queens), the chair of the Judiciary Committee, said the package remains in her committee because of on-going negotiations with divorce
“We don’t buy the argument that everyone else is doing it, why not us.”—New York State NOW President Marcia Pappas income individuals at a disadvantage, noting increased court costs. She said couples have the option of relocating to a neighboring state to seek a divorce, but many cannot afford this option. Currently, couples who agree on a divorce are forced to either wait a year after a formal separation agreement is entered with the court or agree upon grounds. While lawyers and judges cannot tell couples to agree to grounds which are not true, they normally do not
ODDS&Ends
advocates regarding certain issues. She hopes the package, developed after a series of committee hearings, would address concerns by no-fault opponents. She said these issues include economic concerns such as attorney fees for wives who stay at home with children, health insurance and property distribution. Domestic violence advocates object to no-fault divorce, saying that victims who need insurance often lose benefits
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*** PRESIDENTIAL*** ***ODDS *** --------------------LAST MONTH----------CURRENTLY----PRICE ON ODDS ON PRICE ON ODDS ON DECLARED REPUBLICANS INTRADE LADBROKES INTRADE LADBROKES ----------------------------------------------------------JOHN MCCAIN RUDOLPH GIULIANI GIULIANI RUDOLPH TOMMY THOMPSON THOMPSON TOMMY DUNCAN HUNTER DUNCAN HUNTER MITT ROMNEY SAM BROWNBACK MITT ROMNEY RON BROWNBACK PAUL SAM MIKE HUCKABEE RON PAUL JIM GILMORE MIKE HUCKABEE TOM TANCREDO JIM GILMORE TOM TANCREDO
4.9 15.7 25.0 38.0 0.4 0.3 0.2 0.3 23.3 0.8 6.0 3.0 0.5 2.0 2.9 0.1 1.4 0.4 0.1 0.6
27TO TO11 TO22 97TO N/A N/A 66 TO 1 66 10 TO TO 11 33 TO 1 10 40 TO TO 11 33 33 TO 1 50 TO 1 N/A 33 TO 1 N/A N/A N/A
they cannot pay attorneys and their husbands could try to take property away from them. Weinstein said that while she hopes the Assembly will be able to pass a bill soon, she does not see it passing the State Senate in the near future. She said she has been told in negotiations with Sen. John DeFrancesco (R-Syracuse)
6.4 4.9 38.0 34.4 0.3 0.2 0.3 0.1 16.0 0.5 19.5 2.9 0.4 1.4 3.4 0.1 1.1 0.6 0.1 0.9
1225 TOto 11 9 TO 21 4 to N/A N/A 66 TO 1 66 10 TOto 1 1 3310 TOto 1 1 5066 TOto 1 1 33 TO 1 40 to 1 N/A 50 to 1 N/A N/A N/A
**DATA AS OF AUGUST 10, 2007**
--------------------LAST MONTH----------CURRENTLY----PRICE ON ODDS ON PRICE ON ODDS ON DECLARED DEMOCRATS INTRADE LADBROKES INTRADE LADBROKES ----------------------------------------------------------HILLARY CLINTON BARACK OBAMA JOHN JOHN EDWARDS EDWARDS BILL RICHARDSON BILL RICHARDSON CHRIS DODD CHRIS DODD JOSEPH BIDEN DENNIS JOSEPHKUCINICH BIDEN MIKE GRAVEL DENNIS KUCINICH MIKE GRAVEL
43.6 52.0 27.8 39.4 7.3 5.3 2.6 1.9 0.3 0.5 0.6 0.1 0.6 0.1 0.1
55TO TO44 TO11 44TO 7 TO 10 TO 11 28 TO 1 28 TO N/A1 N/A`` 33 TO 1 N/A1 33 TO N/A N/A
0.2
N/A
54.2 43.6 5 5TOto4 4 39.4 4 4TOto1 1 31.7 TOto 11 7.25.3 1010 1.9 28 TO 1 3 0.5 28 to 1 N/A 0.20.6 33 TO N/A 1 N/A 1.30.1 33 to 1 N/A 0.10.2 N/A 0.1 N/A
--------------------LAST MONTH----------CURRENTLY----PRICE ON ODDS ON PRICE ON ODDS ON POTENTIAL ENTRIES INTRADE LADBROKES INTRADE LADBROKES ----------------------------------------------------------AL GORE JOHN KERRY FRED THOMPSON NEWT GINGRICH MICHAEL BLOOMBERG
5.9 0.4 35.5 3.3 0.4
6 TO 1 50 TO 1 7 TO 2 N/A 18 TO 1
5.7 0.1 32.1 3.2 0.3
6 to 1 N/A 7 to 2 N/A 18 to 1
that the objections from the Roman Catholic Church weigh heavily on the Senate decision to decline to take up the issue. DeFrancesco was unavailable for comment and a spokesman for the Edward Cardinal Egan, who is leader of statewide Catholics, did not return several calls for comment. New York State NOW President Marcia Pappas said no-fault divorce has not worked in other states. She added that the laws in question only address a small percentage of the population, citing statistics that show that only five percent of divorces cases are not settled easily. She also said that the poorer spouse is usually at a disadvantage in court, citing an Office of Court Administration report which found a bias against women in New York State courts. “We don’t buy the argument that everyone else is doing it, why not us,” Pappas said. California, which has long had no-fault, has been seeing problems with these issues, according to the NOW chapter in that state. Helen Grieco, executive director of California NOW, said the group originally supported the law, but has seen law misused in highly contested cases where one spouse uses the law to gain a quick divorce and then impact property and custody issues. She noted there has been discussion about trying to repeal her state’s law. Not all women’s groups in New York are opposed to no-fault divorce. The Women’s Bar Association of New York is in favor of the law. The group had been opposed to the bill, but changed its opinion with the adoption of new child-support formulas and equitable distribution of property laws in the Empire State. “I can’t believe public policy is forcing two people to be together who agree not to be together,” said Elaine Avery, immediate past-president of the group. While bills are pending and lobbying continues in Albany on the issue and Chief Judge Judith Kaye brings it up in her annual State of the Judiciary address advocates do not foresee no-fault divorces coming to New York anytime soon Silverman, the chair of the judicial commission on matrimonial law, among them. “I don’t think there will be no-fault divorce in my lifetime,” she said. johncelock@aol.com Direct letters to the editor to cityhall@manhattanmedia.com.