Divorce Reform Must be Part of our Domestic Violence Agenda

By Amy Barasch | October 28, 2024


The potential horrors of a second Trump administration seem almost limitless. But with only a few days left in October – which is Domestic Violence Awareness Month – allow me to introduce another. When it comes to how the federal government could approach domestic violence, we can already see deeply troubling signals from the Trump/Vance ticket. And regardless of what happens next week, Governor Kathy Hochul and the New York legislature have the opportunity to be national leaders in reframing divorce as an essential option for victims of partner violence.

J.D. Vance believes that people should stay in violent  marriages for sake of the children. He is misguided. Children exposed to violence in the home suffer and have been shown to exhibit long-term harm; that part is true. But the safest thing for children in homes with violence is to be removed from the violence with the support of the non-violent parent. For many parents, the safest and smartest solution for them and their children is to get divorced.

New York must provide and protect fair and simple access to divorce, especially for victims of partner violence. Legislators in Louisiana, Oklahoma, Nebraska and Texas are going backwards, proposing to eliminate no-fault divorce, while many of the authors of Project 2025 support that goal. For victims who are married, a legal split from a spouse can provide them with financial stability, psychological calm, and autonomy. Divorce is already too time-consuming, costly, and complicated. We need to simplify and rationalize the divorce process, especially for people being abused in their homes.

I have spent my career working the field of intimate partner violence, serving three governors and a NYC mayor, while also working for the last decade at a nonprofit providing services to women. A legal divorce process can provide valuable support at a dangerous and difficult time. Courts have clear rules and guidelines; access to enforcement mechanisms; and a stop to the financial abuse that is present in 1 out of 3 divorce cases handled in New York City. The court formality levels the playing field in relationships that have become controlled by one partner. The court has tools to enforce obligations like the payment of child support and regular visits with children. The court’s ability to respond to financial abuse is particularly meaningful. Over 90% of victims experience some form of financial abuse, often ruining their credit score and putting them in a deep financial hole. The court can stop financial shenanigans, and equitable divide debt obligations to those that incurred them.

But right now, New York’s divorce process often exacerbates the exact problems it is supposed to address. Separating from an abusive partner is a time of high risk – it threatens the abusive partner’s control of their relationship and can result in backlash. A lack of affordable lawyers, court overwhelm, and insufficient access to supervised visitation all drag out the process. A long process means constant contact with an abusive partner, drawn out anxiety for children, and is a barrier to the victim achieving the autonomy and safety they seek. Domestic violence victims and all divorcing couples deserve better.

Despite New York’s reputation as a bastion of liberalism, a complete response to domestic violence must include divorce reform. In 2010, New York was the last state in the county to implement no fault divorce, finally eliminating the need to prove fault in court, and instead permit couples to simply say they no longer wished to married, and then have the court sort out how they would separate their lives. After no fault passed, the National Bureau of Economic Research showed a decrease in both domestic violence and female suicide.

As I wrote about Donald Trump earlier this month in Ms. Magazine, I wish I could loan my domestic violence advocacy-colored glasses to the voting public. Through those glasses, you can recognize his threats and coercion for what they are, and appreciate the nature of a person who promises protection and punishes disloyalty. But, it shouldn’t take having a man found liable by a jury for sexual abuse in the White House for New York lawmakers to act.

To make good on that important step to simplify divorce, we must do more. For that to be true, we need more attorney availability, sufficient supervised visitation options, and a court system resourced enough to move cases expeditiously. New York can stand as a bulwark against those who want to go back to a time when families were effectively trapped in violent homes, and instead show that divorce is often about choice and freedom.

Amy Barasch Esq is a law professor and consultant. She was the Executive Director at Her Justice for more than a decade, and served under three governors as the Executive Director of the NYS Office for the Prevention of Domestic Violence.