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Major Policy Shift

By Andrew Harris
May 26, 2005

The Women's Bar Association of the State of New York has joined the New York State Bar Association in lobbying for a no-fault divorce law. Mindy Zlotogura, president of the 3300-member women's bar group, said that she planned to lead a delegation to Albany to meet with key legislators about changing the law. The decision to support the state bar initiative represents a sea change for the women's bar, which has traditionally opposed no-fault divorce measures.

Zlotogura, an associate at Barr & Haas in Spring Valley, said that while her group now supports the no-fault concept, caveats remain. Most crucially, she said, “There should not be a final divorce granted unless there's a resolution of economic factors and a custody determination.”

Behind the policy shift at the women's bar group, Zlotogura said, is the recognition that economic disparities are becoming less a concern, while domestic violence has moved to the forefront. “Withholding a divorce in a domestic violence situation can be a form of abuse in itself,” she said. Citing to Chief Judge Judith S. Kaye's State of the Judiciary address earlier this year, Zlotogura said that “promoting these long, drawn-out divorces just intensifies the bitterness and is probably not in the best interests of children.” New York remains the only state that does not allow couples to obtain a divorce based solely on irreconcilable differences.

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