No-Fault Divorce: The Debate Continues

As the state of New York awaits Governor Patterson's vote on the no-fault divorce bill, some questions have been raised about the impact this legislation will have on individuals undergoing a divorce.  Some argue that no-fault divorce laws may have an adverse impact on women.  There is fear that women, who still tend to earn less than their husbands, will suffer financially.  Because no-fault divorce laws allow a spouse to file for divorce for any reason, or no reason at all, the party seeking to dissolve the marriage tends to have the upper hand and more bargaining power.  If that person is also the primary bread winner, it could put the other spouse in a vulnerable position. 

While these are legitimate concerns that should not be taken lightly, it is important to understand what is motivating much of this criticism.  Those opposed to no-fault divorce laws seem to have antiquated views of marriage and the roles of women.  Some complain that no-fault divorce laws oversimplify the divorce process and prevent couples from working through their issues.  A recent article discussing the problems with marriage today offered several policies communities can implement to help preserve more unions.  Some of these include six months of premarital counseling, marriage enrichment events, and a year-long waiting period before a divorce can be granted.  While these are all positive suggestions, they overlook the reality that some relationships should not be preserved.   

No-fault divorce laws provide individuals a way out of dysfunctional marriages without having to engage in lengthy legal disputes that are emotionally and economically draining.  States have been adopting no-fault divorce laws since the early 70's and it is unlikely these laws will change any time soon.  While some are interested in preserving the institution of marriage at all costs, New York is on the verge of adopting a law that should prove to reduce the stress involved in what is already a difficult process. 

There are unavoidable consequences associated with any change.  However, adopting no-fault divorce law in New York is a change that is well worth the risks.