Written evidence to Justice Committee, Family Law (Scotland) Act 2006, Post-legislative Scrutiny

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Divorce Reform—One State’s Solution

Although New York has long been a leader in reform legislation, it has also had one of the most ineffective divorce laws in the nation. Therefore, it was not unrealistic to hope that when New York recently revised its divorce laws the new product would serve as a model for future reforms in other jurisdictions. While the new law as finally enacted is defective in several respects, its provisions reflect an attempt to accommodate the basic reform trends in current divorce law. This comment investigates briefly the evolution of governmental controls of divorce, the American tradition prior to the New York reform, and the implications of the procedures finally adopted by that state

Divorce Reform—One State’s Solution

Although New York has long been a leader in reform legislation, it has also had one of the most ineffective divorce laws in the nation. Therefore, it was not unrealistic to hope that when New York recently revised its divorce laws the new product would serve as a model for future reforms in other jurisdictions. While the new law as finally enacted is defective in several respects, its provisions reflect an attempt to accommodate the basic reform trends in current divorce law. This comment investigates briefly the evolution of governmental controls of divorce, the American tradition prior to the New York reform, and the implications of the procedures finally adopted by that state