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Thursday, March 17, 2005

TIME FOR NO-FAULT DIVORCE IN NY? NO: Lillian Kozak and Gloria S. Jacobs

The New York State Bar Association says we need no-fault divorce, but has any member of any bar association looked at any no-fault state to see the tragic effect on women of this seemingly innocent law?

Those in favor of this bill argue that there is no need to "air the dirty linen in court." But we in the women's movement know that women are suffering financially when judges do not hear the facts, behavior and circumstances that led to the breakup of the marriage.

Proponents also argue that New York needs no-fault because we are almost the only state without unilateral no-fault. That means that one party, with no grounds -- legal reasons -- for divorce, can walk out, abandon the family and then claim that abandonment as a ground -- legal reason -- for divorce. ...

By not encouraging Separation Agreements, more cases will be sent into court. The failure to negotiate drives the issues of child custody, child and spousal support and property division into court, where women continue to face gender bias, a fact admitted by the court administration itself.

Do we need divorce reform? Yes! We have a whole list of reforms needed in New York.

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