New York is one of the few states that still requires there be a finding of fault or that both spouses agree by way of a separation agreement (which also requires the parties live separate and apart) to be granted a divorce. Unfortunately, couples who are desperate enough either make up allegations to meet one of the “fault” grounds or they have to completely fabricate some of the circumstances to meet the legal criteria for Uncontested Divorce, such as constructive abandonment. Constructive abandonment requires that the parties not have had sexual intimacy for a period of one year prior to the commencement of the divorce, due to know fault of the plaintiff spouse. A year ago that the state enact a no-fault divorce law, with the stipulation that all economic issues would have to be resolved before granting a divorce. Uncontested divorces make up approximately 70% of all divorces granted in New York, as of 2004, the most recent statistics available. And more than one-half of these divorces are granted on the ground of constructive abandonment.

“By enacting a no-fault statute, New York law would be consistent with that of virtually every other state in allowing a marriage to be dissolved without a lengthy wait or requiring one party to cast blame upon the other,” according to Cara Matthew, from the Albany Bureau.

Legislation to reduce the separation period to three months - a step toward no-fault - passed the Assembly 88-53 on June 6 but languished in the Senate, where it was “not a burning issue for anybody,” said Sen. John DeFrancisco, R-Syracuse, its sponsor. Bills to allow no-fault divorce based on “irreconcilable differences” died in legislative committees.
The massive number of Assembly “no” votes, were based on religious opposition and concerns that the bill could harm women’s finances. DeFrancisco said he received calls from Assembly Democrats urging him not to pass the bill. They said things like, “I was against it here because women need more time than three months, and under an agreement at least you could see how it’s going to work out,” he said.

Although many women’s groups oppose the no-fault divorce because they believe it would leave the non-moneyed spouse, usually the woman, with no binding agreement for the spouse to provide continued financial support for his family, there are some who strongly agree that the new law is long overdue. Many domestic violence advocates believe that it would take away some of the control the moneyed spouse has by not using their willingness to agree as leverage against their spouse.

Hopefully, the bill will pass so that victims can extricate themselves from the tutelage of a volatile marriage, residents are not compromising their beliefs or morals by fabricating the circumstances of their case, the financial impact imposed on all parties involved are minimized and one can move on with their lives.