Published on November 18, 2008 | by LawNews
Prof. Andrew Schepard Writes NYLJ Column on ‘No Fault Divorce for N.Y.: In the Best Interests of Children’
Andrew Schepard, a professor of law and director of the Center for Children, Families and the Law, wrote a New York Law Journal column “No Fault Divorce for N.Y.: In the Best Interests of Children.” Professor Schepard writes that for most of the United States and the rest of the democratic world, the message no fault divorce conveys is that divorce is a tragic but inevitable consequence of the evolution of some adult relationships. In contrast, New York’s idiosyncratic and divisive fault divorce grounds send the message that the purpose of divorce is to place blame on someone for the failure of the marriage. Children don’t need the legal system to identify a winner and a loser. They need parents to function reasonably effectively and a truce between them, both of which fault divorce discourages.