New York Times Editorial on Another Broken Part of NY's Corrupt Court System

New York’s Antique Divorce Law
The New York Times - EDITORIAL - January 16, 2010

Barring marriage by same-sex couples is not the only way that New York State’s policies on marriage are stuck in the past and inflict needless pain. In 2006, a special blue-ribbon state commission sensibly called for overhauling state law to allow no-fault divorce. The reform enjoys broad support within legal circles and well beyond. Practically every New Yorker has a bitter divorce story, even if it’s not his or her own. Yet four years, and a countless number of traumatized parents and children later, Albany has yet to act. As a result of that inaction, New York remains the only state in the union that will not permit marriages to end without one spouse’s alleging fault, such as cruel and inhumane treatment, adultery or abandonment. Further dawdling would be inexcusable. Gov. David Paterson and the leaders of the State Legislature should publicly commit now to enact no-fault divorce before the end of the current legislative session. The current rules inflict serious financial and emotional costs. Litigants end up spending thousands of dollars in unnecessary legal fees, and courts devote significant time to airing the painful and highly personal details of a breakup. It is a ridiculous use of judicial resources at any time, but especially in tough fiscal times. Making divorce harder cannot rescue irretrievably broken marriages. The only thing really achieved by perpetuating the current law is to make divorces costlier, longer, and uglier than they need to be. For years now, efforts to enact a fair no-fault system have cratered because of opposition from the Catholic Church and issues like lawyers’ fees and protecting victims of domestic violence. Achieving reform may not be easy. But it can be done. Just ask every other state.