Crime Committee Report e.indd - New York State Senate

Matrimonial Law Reform
New York State, once the national leader in public policy, has faced a stalemate for almost 30
years with regard to matrimonial law reform.
No-fault divorce remains a controversial proposal in New
York State even though New York has been the only state
in the United States without a no-fault divorce statute. This
legislation has had strong support from all of the Bar Associations
37 but had understandable opposition from the
Catholic Church and aggressive opposition from the President
of NOW/NYS. Victims of domestic violence do not
have the means to move to an adjoining state with their children
in order to obtain a divorce. This increasingly leaves
them in abusive, often dangerous marriages – not good for
them, for their children or for the entire community. Many
advocates and attorneys who represent victims understood
that requiring testimony in open court concerning “fault”
as a victim of domestic violence was re-traumatizing, time
consuming, expensive and often very dangerous.
The Lawyers Committee Against Domestic Violence had expressed
concerns though about any legislation that would possibly disadvantage
victims of domestic violence with regard to post-marital income
(formerly called alimony or maintenance); although there were other
advocates for victims of domestic violence who supported no-fault.
As negotiations over the legislation advanced, it became apparent
that a broader examination of these interrelated aspects of Matrimonial
Law Reform would be necessary. In addition to the new bill
which added the additional ground of no-fault divorce, (sponsored in
the Senate by Senator Hassell-Thompson, S3890) the issues of postmarital
income (“PMI” formerly referred to as “maintenance”) and the
awarding of interim counsel fees in divorce litigation needed expert
testimony and further discussion.
Senator Hassell-Thompson and Judiciary Chair Senator John L. Sampson, called a public hearing
on May 6, 2010 in Albany to focus on policy changes enumerated in three new bills:
• z No-fault divorce (S3890)
• z The treatment of marital assets specifically the examination of post-marital income
guidelines (S7740)
• z The award of interim counsel fees to non-monied spouses in matrimonial matters
(S4532)
The Senators, joined by Senator Liz Krueger, Senator Diane Savino, Senator Antoine Thompson
and Senator Michael Nozzolio, heard extensive testimony from over twenty expert witnesses
with many years of experience as Judges, matrimonial attorneys, Bar leaders, attorneys
for domestic violence victims, Family court/child psychology experts as well as survivors of
domestic violence and divorce litigation. The overwhelming consensus was that the time for
New York State to reform the Domestic Relations law by adopting a no-fault divorce statute and
some version of a post-marital income guideline, was long overdue.
37 New York State Bar Association, Women’s Bar Association of the State of New York, American Academy of Matrimonial Lawyers – New York
Chapter, NYC Bar
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 33