Lawmakers: New York's no-fault divorce bill in jeopardy

Albany - Hopes for making divorce easier in New York became dimmer Tuesday as Assembly leaders told Newsday they have problems with the no-fault divorce bill passed in the State Senate last week.

Speaker Sheldon Silver (D-Manhattan) said some technical aspects of the Senate version - such as the formula for alimony - "need some tweaking." Any changes would have to be sent to the Senate for passage there.

New York is the only state without no-fault divorce. Under current law, New Yorkers must agree to a one-year separation or accuse each other of adultery, abandonment or cruelty. The Senate bill would allow marriages to dissolve if one spouse says it's "irretrievably broken."

"We think [no-fault divorce] belongs in the laws of the state of New York. It's time," Silver said. "But there are a whole host of corollary issues that have to go with it."

Helene Weinstein (D-Brooklyn), chairwoman of the Judiciary Committee, wouldn't say Tuesday whether the issue would get a floor vote. She said in an interview that decisions on no-fault divorce would come only after a budget is finalized and members have been polled on their support in private conference.

"People have strong feelings on this issue," Weinstein said. "So we would need to conference and see if there is some way we can move forward."

Just a week ago, advocates for no-fault divorce rejoiced when the Senate - long considered the main obstacle to change - approved it. The supposedly more liberal Assembly was expected to follow suit.

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While Weinstein and Silver said they supported no-fault divorce in theory, opponents said they now see the Assembly as the best bet to block it.

"We're a little more optimistic than we were last week," said Dennis Poust, a spokesman for the New York State Catholic Conference, which opposes no-fault divorce.

Weinstein met privately Tuesday with another opponent of the Senate's bill, Marcia Pappas of the National Organization for Women's state chapter. "We're hoping we can slow this thing down long enough for cooler heads to prevail," Pappas said, who said the Senate bill could deprive older and poorer spouses - usually women - from getting fair alimony payments.

Supporters say there are enough Assembly votes to pass a no-fault bill sponsored by Jonathan Bing (D-Manhattan), but Weinstein said it won't go to the floor because it does not set guidelines for attorney fees for poorer spouses and alimony, or "maintenance awards."

Complicating matters is the unfinished budget. "Everything else is on the back burner," said no-fault supporter Assemb. Charles Lavine (D-Glen Cove).

The circumstances set up a potential replay of no-fault's demise in 1989. On the session's last day, the Senate surprised many by approving it. The Assembly then took up its own measure but hastily withdrew it from the floor when it became clear it would go down.