Damn Victorian-Era Divorce Laws

The Times reports that New York State may be closer to fixing its outdated divorce laws:

A commission appointed to look into New York State’s matrimonial laws called on Monday for an overhaul of divorce and child custody rules, including the authorization of no-fault divorces, which would put New York in line with all the other states.

By not allowing couples to end their marriages by mutual consent, New York has kept some of the strictest barriers to divorce in the nation. Currently, one party in the divorce must allege cruel and inhuman treatment, adultery, or abandonment — literal or sexual — for a year. That rule has often resulted in costly legal proceedings and bitter custody fights in cases where both sides want a divorce.

The Matrimonial Commission, which was appointed by the state’s chief judge in 2004 and has taken testimony around the state, called for a range of changes to bring New York’s matrimonial laws more in line with practices around the United States. In addition to allowing no-fault divorces, the panel called for an emphasis on mediation and procedures to move cases more swiftly through the system.

. . .

Some Roman Catholic and women’s groups have historically opposed no-fault divorces, and in recent years conservative groups have been pushing for more restrictive barriers to divorce. But in New York there has been a shift in sentiment in favor of no-fault divorce, with the Women’s Bar Association reversing its opposition in 2004.

See also: “Chief Judge Asks Legislature to Consider No-Fault Divorce,” New York Times, February 8, 2005.