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June 22, 2010
Yes to No-Fault Divorce: Moving beyond ugly court battles is best for spouses and children
In 1935, before no-fault divorce, Louise Maurer took her husband Louis to court in Oregon, claiming she and her children lived in fear of him. The court agreed, but also found Louise “quarrelsome” and denied her claim. The nonsensical result: Two people in a destructive relationship were obliged to put up with the misery of their married life — and inflict it on their children.
In 1969, California became the first state to adopt no-fault divorce. Other states followed, until New York was the only state left with “fault” divorce laws.
New York does allow couples to dissolve their marriage if they work out a separation agreement, then live apart for at least a year. But those who wish to end their union more quickly must establish spousal “guilt” in an adversary proceeding that one matrimonial lawyer describes as “ugly,” “expensive” and that “poisons the relationship.”
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