Memo in OPPOSITION to S4489/A6587 No Fault Divorce Bias towards “Victims of DV”

Many years back in the days before no fault divorce was the law of the land, yet being pushed by the NYS Bar Association, The Coalition of Fathers and Families NY, Inc. (FaFNY) and the New York Men’s Action Network (NY MAN) opposed no fault divorce unless the issues of sexual bias towards mother custody, arbitrarily high arbitrary and capricious child support awards, and the problems with false allegations of abuse (child and domestic violence) were addressed.

Eventually, no fault divorce passed, but as we know none of the issues we raised have been addressed.  Indeed, one Betty Little, Republican Senator from the Adirondack Region of NYS was in part responsible for the parliamentary maneuvers in the NYS Senate which derailed shared parenting legislation in committee.

Now, none other than Betty Little would put in a no fault divorce “repealer” for one class of people, that is “victims of domestic violence”, who would be able to declare no fault divorce null and void.  Knowing that both men and women are the victims of domestic violence in equal numbers, I can’t imagine a scenario where a victim would want to stop the process which would help free them from their abuser.   But, NYS Courts or the DV system don’t address male victims, so it is obviously pandering to “the women’s vote”, an action that will be beneficial to women only in a sexually baised system which serves females only.

And if passed I can only imagine that each and every recipient of a unilateral no fault divorce action will claim to be the victim of domestic violence as leverage in that action.  Indeed, every filer will need to file allegations of DV to protect themselves from a counter allegation.

It’s not hard to see who will benefit from this legislation, lawyers who need to address “these issues” will rack up billable hours.  And of course the politicians here would be able to point to this legislation in their pandering for the “women’s vote”.

Just another example of the NYS Legislature, the most corrupt and dysfunctional in the nation, doing unnecessary business as usual.

NY MAN has issued a memo in opposition to this legislation and is asking it be placed upon the official record in the bill jacket.  Feel free to cut, copy and paste this to these, and more importantly YOUR, legislators.   And in the process, ask them why shared parenting, which has the support of 80% of NYS population, has been stalled (and why are they in the pockets of the NYS Bar Association?).

**************************************************************************

NY MAN-The New York Mens Action Network
jh@nymensactionnetwork.org      http://www.nymensactionnetwork.org

Memo in OPPOSITION to S4489/A6587

Senator Betty Little
310 LOB Albany, NY 12247

Assemblywoman Sandra Galef
641 LOB Albany NY 12248

Dear Senator and Assemblyman;
The NY Mens Action Network, a statewide political action and grass roots lobby group is opposed to this legislation  S4489/A6587.
This is in effect a repealer of no fault divorce which flies in the face of the intent of that legislation, which was to not force a party into into a marriage which was broken down and place the parties in a situation of continuing conflict, which is what this legislation would do.  It creates a class of protected person such that any and all non filers of a divorce action will be able to claim victim status, and at a minimum delay proceedings for adjudication of the allegations.  Perjury and false allegations of abuse already run rampant in family and supreme courts in matrimonial, custody and support matters, and are used to gain leverage.  This legislation is only bound to add to that existing problem and one can envision filers making allegations of abuse to negate the non filers possible claim. (see http://www.saveservices.org/camp/faam-2011/research-on-false-allegations-of-abuse/ and also http://www.saveservices.org/key-facts/).
The NYS Courts already have great oversight authority over individuals when a divorce action is filed, including the issuance of protective and restraining orders, and orders over the dissipation of assets.  This legislation is unnecessary, would not protect victims of domestic violence, would endanger victims of domestic violence, would contribute to an already overworked system, and foster more false allegations to gain leverage.  As such we oppose this legislation and further request that this official opposition be placed upon the record (in the bill jacket).

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