Overhaul of Divorce Laws Clears Assembly

The state Assembly has passed two bills that will reform divorce proceedings in New York State.

Assemblyman Kenneth Zebrowski, D-New City, sponsored the no-fault divorce legislation that will allow a divorce to be granted to a husband or wife without assigning fault to either of the parties.

The no-fault judgment can only be granted after the court decides issues of equitable distribution of marital property, spousal and child support, custody and visitation, and payment of counsel fees and expenses.

New York State is the last state in the country that does not have a no-fault option in divorce cases. Studies show that no-fault divorce dramatically decreases female suicides, domestic violence for both men and women, and reduces the number of women murdered by their partners.

"No one wants to see couples get divorced, however, our outdated laws currently pit one spouse against another in an adversarial proceeding," said Zebrowski. "Reports show these laws do nothing to 'save' a marriage, but instead only drive up litigation costs and encourage perjury. A divorce is a difficult time in someone's life and this bill will alleviate some of that pain and stress."

The bill is now before Governor Paterson to be signed into law.