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Sunday, January 17, 2010

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.


saddened said...

I'm glad the New York Times is finally back on board with shining the light on New York's disgraceful courts.

Anonymous said...

More nonsense.

NY is a no-fault state. Even the American Bar Association lists NY as a no-fault state. You certainly can get a no-fault divorce which requires a signed agreement and a one year wait.

Also, what these idiots don't get about "gay" marriage, is that there is no law proventing same sex people from getting married. It's like saying that people with green hair cannot get married. There is no law that says that people with green hair can get married, so does it make it illegal if they do?

Marriage in the United States is a civil contract, nothing more and nothing less. As long as two people are competent in entering in to a contract, they can enter into any contract they want, which would include marriage.

Marrige was not created by any religion, it was a civil matter when it was created and it still is.

Anonymous said...

There's too much money involved for the lawyers and the judges-former-lawyers. It's ONLY about the lawyers in this corrupt NY court system. Nothing else matters.

Anonymous said...

if you don't get married then you need a will or trust, done by lawyers and if you die, that will or trust, probate or protested by family will go through courts & lawyers..they gotta get paid somehow!

Anonymous said...

Anyone who has gotten a divorce in NY knows it is not about grounds but about the money and assets acquired during the marriage.

The grounds part takes about 5 minutes, it's the financial issues that take 10 years. That's where the attorney's make their killing.

Anonymous said...

So who at the NYT got divorced? This has been a profit area for the lawyers and Judges for sometime. They ruin good people's lives and steal their money! Let them rot in HELL!

Anonymous said...

Anyone know if OCA is receiving Federal stimulus money?

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