WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Family Law, Divorce, Custody > Divorce, Separation, Annulment
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

Divorce, Separation, Annulment All issues concerning dissolution of a recognized relationship.

Why Place Blame? The Debate Over No-Fault Divorce

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old May 15th, 2008, 03:10 PM     #1
News
 
WSJ_law_blog's Avatar
 
Last Online:
Jul 16th, 2008 11:37 AM
Join Date: Mar 2008
Location: The Wall Street Journal's Law Blog
Posts: 566

Default Why Place Blame? The Debate Over No-Fault Divorce

Oliver Rose: I think you owe me a solid reason. I worked my a** off for you and the kids to have a nice life and you owe me a reason that makes sense. . . .
Barbara Rose: Because. When I watch you eat. When I see you asleep. When I look at you lately, I just want to smash your face in.
– from “The War of the Roses,” 1989




We hereby pronounce marriage and divorce the themes of the day. While over on the Left Coast some are celebrating a court decision expanding marriage rights, there’s a New York-based movement afoot to make divorce easier. Welcome, Law Blog readers, to the debate over “no-fault” divorce.

The most recent issue of Elle magazine (that’s right, we like to read widely here at LB headquarters) contains a riveting feature entitled “Stuck On You,” about the push to pass a no-fault divorce law in New York. For those LB’ers who didn’t have the pleasure of taking the New York bar exam, here’s the divorce law of the Empire State: In the absence of mutual consent, there are only four grounds for divorce — “cruel and inhuman” treatment, adultery, abandonment for one year, or having spent at least three years in prison. (The only other states that don’t offer unilateral divorce are Mississippi and Tennessee.)

According to the piece, New York has held its conservative stance on divorce for generations, thanks in part to the New York legislature’s “largely Catholic” composition — despite its liberal reputation. But now a group of matrimonial attorneys, policymakers, academics, and, even, TV judges, are lobbying for no-fault divorce. “Any law that prescribes that people must live together if the marriage is broken is wrong,” said Judith Sheindlin, a/k/a Judge Judy, at a recent bar association event.

What’s the argument against no-fault? On the other side of the debate, reports Elle, is the New York Chapter of the National Organization for Women (NOW-NYS), a “stalwart feminist organization” launched by Betty Freidan in the late ’60s to promote equal rights for women. NOW-NYS, finding itself allied with so-called pro-family organizations, says that “Improving women’s economic status is the primary lens through which we look at issues.” In other words, by keeping no-fault divorce out of the law, women can — for lack of a euphemism — extort financial settlements with the threat of contesting the divorce.

Those fighting for no-fault accuse NOW-NYS of ignoring the facts. “There is no evidence to support the claim that no-fault provides women with a significant bargaining advantage,” says Brooklyn Law School professor Marsha Garrison, who compared support awards in New York with those in other states and concluded that no-fault divorce didn’t cause a decline in awards. Moreover, as forum participant Judge Sondra Miller noted forcefully, “This [fight] isn’t only about money.” Women are more susceptible to becoming trapped in bad marriages. A man at last resort has the escape clause of moving to a neighboring no-fault state, whereas women most often caring for children don’t.

Says Judge Judy: “I think some vocal opponents have been bamboozled to believe that the women and children are going to starve. That’s ludicrous. That is not what is happening. There are women out there today earning more than their mates.”

Last edited by top_admin : May 16th, 2008 at 03:42 AM.
WSJ_law_blog is offline   Reply With Quote
Sponsored Links
Powered by U.S. Legal Forms
Old May 29th, 2008, 02:54 PM     #2
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Why Place Blame? The Debate Over No-Fault Divorce

When one partner is forced into divorce because the other partner cannot keep his/her committments, surely there should be some recognition of that fact? Here's my story:
My husband engaged in a long series of extra-marital affairs, which I did not know about. I was decieved and lied to for many, many years. I became very ill and had to go abroad for two months for life-saving surgery. While I was away he became involved in a relationship with a woman half my age, whom he eventually left me and our two children for. He has subsequently 'married' this woman without getting divorced from me first. Throughout the 25 years we were together I worked hard at our partnership, consistently putting his interests and career ahead of my own (because I thought we were a team). I am now left, at an age when I am unlikely to find a new partner easily, with two kids and stalled career, despite having faithfully kept my side of the bargain from start to finish.

How can there be 'no fault' here? I am have been harmed, psychologically and financially, and he is the one who has harmed me.

When one person has harmed another, the law should recognise it. Sometimes that's all we want: the public acknowledgement that we have been wronged.
  Reply With Quote
Old May 29th, 2008, 03:00 PM     #3
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Why Place Blame? The Debate Over No-Fault Divorce

A court will consider those factors normally and that is reason to be granted support, alimony, greater assets from the community estate etc.

Sometimes it has to be a big battle though unfortunately.
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
No-Fault Insurance wld_wiki Law Wiki 0 Oct 28th, 2008 12:04 PM
not at fault accident, no licence do i need a lawyer? nicolekos Car Accident Claims 2 Aug 22nd, 2008 11:38 AM
Are divorce lawyers parrially to blame for the skyrocketing divorce rate? martindenesse Divorce, Separation, Annulment 1 Aug 4th, 2008 08:05 PM
The Sudoku Jury, Redux: Are the Lawyers to Blame? WSJ_law_blog Law News 0 Jun 17th, 2008 02:50 PM
My Fault Tai44128 Car Accident Claims 1 Mar 12th, 2008 05:40 PM


All times are GMT -5. The time now is 03:47 PM.


Powered by U.S. Legal Forms

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2008 by WORLDLawDirect.com, Inc.