Adultery, Fault Divorce, and Morals: A Complex Cocktail
If fault divorce in New York is hardly ever deployed, does any of this really matter? Yes, it does. First, as divorce lawyers, we should not applaud a system that allows for even the remote possibility of a fault-based divorce claim being used as a weapon that can, in turn, wreak havoc on a family, not to mention unnecessarily escalate legal fees.
May 01, 2024 at 10:00 AM
6 minute read
Physics teaches us that to achieve equilibrium, three forces must intersect at one point, thereby achieving balance. There are at this very moment three forces playing out before us involving the intersection of (1) divorce laws, (2) morality judgments, and (3) ancient and damaging cultural expectations that continue to permeate American culture.
The first force, divorce laws, has captured recent attention in New York. New York is on the cusp of repealing its century old statute that criminalizes adultery, which remains on the books in the Domestic Relations Law as a ground for fault-based divorce. The New York State Senate approved a bill that would decriminalize the act of adultery, however that bill remains to be signed by our governor. Perhaps, when this article is released, the stroke of the pen will have happened.
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