As a result of current divorce practices and laws, women and children are falling into poverty. Every effort must be made to assure fairness in all domestic relations law. NOW-New York State recognizes the need to revise our legal system and its definitions to accommodate a diversity of family structures while maintaining access to the court system for all women and men.
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NOW-New York State Supports:
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Equal distribution legislation to replace current equitable distribution standard. |
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Legislation to require extensive education for judges on economics of divorce, sexual harassment, sexual orientation and race. |
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Legislation to mandate the award for legal fees to the non-monied spouse pursuing or defending an action for divorce, spousal support, child support, custody and enforcement of court orders. |
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Penalities for concealing marital assets, including an award of 100 percent of those assets to the wronged spouse, in addition to other criminal and economic penalties. |
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Legislation to require that custody be awarded to the primary caregiver. |
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Legislation to redefine "family" to include, but not be limited to, extended and new family formations including shared space, domestic partners and consanguinity. |
NOW-New York State Opposes:
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Any legislation that requires judges to consider joint custody over the objections of either parent. |
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Any legislation or court directive establishing court procedures that effectively deny women due process such as mediation, joint custody or parental education. |
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Any legislation establishing a unilateral no-fault ground for divorce. |