Robin Fretwell Wilson, “Don’t Let Divorce Off the Hook”

Congratulations to Robin Fretwell Wilson on her Op-Ed in the NYT that appeared October 1st! Here is an excerpt:

NEW YORK is one of the few states without unilateral no-fault divorce, which means that New York couples can get a no-fault divorce only by mutual agreement.

Judith Kaye, New York State’s chief judge, set out to change all that. Earlier this year, the matrimonial commission she formed recommended that the state enact full unilateral no-fault divorce. Judge Kaye highlighted the proposal in her annual address about the state of the judiciary, and the idea was promptly endorsed by the New York Bar Association and the Women’s Bar Association, as well as major newspapers.

Despite all that establishment grease, no-fault divorce promptly went nowhere. While a bill was introduced in Albany, the Legislature went home in June without negotiating or making any progress on the specifics of the legislation.

A similar thing happened when the American Law Institute, an influential organization of lawyers, academics and judges, called on states to strip all remaining vestiges of fault from family law, even as a factor in alimony or property distribution. But six years later, not a single state has passed new legislation to eliminate fault in family law.

Meanwhile, this summer, Louisiana became one of the first states in years to pass a major no-fault revision, in the opposite direction: creating a new one-year waiting period for no-fault divorce when couples have children younger than 18 years old, unless there is a determination of abuse in the marriage. And a group of more than 100 legal and family scholars just released a report urging legislators to consider passing extended waiting periods for no-fault divorce.

What accounts for the new resistance to no-fault? Reasons include the growing evidence that divorce often hurts children, feminists’ renewed recognition of the importance of legal protection for mothers raising children, and concerns about the economic disparities created by differences in marriage rates. Gay marriage advocates have also played a role in this shift, by calling attention to”easy divorce,”which they say is the real threat to marriage, not same-sex unions.

Read the whole piece here. Robin is a prolific, controversial and very brilliant family law scholar, and I once saw her wrestle an alligator. And win.

–Ann Bartow