The Militant (logo)  

Vol. 74/No. 27      July 19, 2010

 
Medieval divorce law to go at last
(editorial)
 
Is there a state in the union where two people in a marriage can’t obtain a divorce for the asking by either party? Up until recently the answer has been, “Yes, New York.”

Every worker can applaud the recent decision of the New York State legislature to make it possible for a couple in New York to dissolve their marriage without having to assign blame, and for a spouse to unilaterally end the marriage. No longer will one spouse be required to accuse the other of adultery, cruelty, or abandonment before the state will dissolve the marriage. No longer will individuals be pressed to offer humiliating false testimony to help a coworker or friend obtain a divorce from the court.

The bill was adopted at the same time the legislature passed another measure, granting rights to domestic workers.

For well-heeled divorce lawyers the “fault” system was a money-making machine. Workers were often forced not only to commit perjury, but each side had to pay expensive legal fees. Under the current law, even victims of domestic violence who are seeking to end their marriages must enter into a costly court proceeding where they must also confront their abusive spouse.

Opponents of a change in the law, notably the Catholic Church, divorce lawyers, and National Organization for Women New York State, claim to be defending women’s rights in arguing for the governor not to sign the new bill. But contrary to the teachings of the church, marriages aren’t “made in heaven,” and if either spouse wants to end the union, for whatever reason, no worker should be tied up in a degrading legal battle with the state to do so.

One of New York’s legendary divorce lawyers bemoaned the passing of the new law saying, “Now you can get out of a marriage quicker than you can get out of a magazine subscription.” Unfortunately, that will not be the case, because the state will continue to find ways to reinforce the marriage institution that is so useful to the capitalist system, but at least a worker in New York won’t have to deal with a medieval law to obtain a divorce.
 
 
Related articles:
New York: new divorce law, domestic workers get rights  
 
 
Front page (for this issue) | Home | Text-version home