No-Fault Divorce Proposed in New York

By Laura Vogltanz

Published on February 07, 2006

This proposal will allow a divorce to go through in 30 days if the couple has resolved all of their economic and custody issues. No-fault divorce laws became popular in the 1960s and '70s, but they have never been successful in New York due to heavy resistance from religious lobbyists and other opponents.

Supporters of the law argue that contested cases extend bad marriages, encourage dishonest testimony and can be traumatic on both partners and children. Currently, grounds for divorce in New York require one of the spouses to be found "at fault" of serious misconduct such as adultery, abuse and abandonment. In this new proposal, proof of this misconduct is not necessary and it will eliminate unnecessary court proceedings that take place with New York's current divorce system.

Opponents of the proposal include the National Organization of Women who say this proposal could ultimately hurt women in cases where husbands are the breadwinners.

New York is the only state without some version of no-fault divorce law.

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