All's fair in love & war; except when that unfairness leaves domestic violence victims to pay the price

Abstract

Divorces are an emotional battlefield requiring both parties to go to war over their fair share. With the addition of New York's ‘no-fault’ divorce, the process was supposed to alleviate spousal disputes and help those who did not want to relive the trauma that got them there. Nevertheless, one group left behind through that reform is domestic violence victims. This Note explores the ramifications of courts not being required to consider a finding of domestic abuse during equitable distribution and proposes to amend the current pathways to clear the way for financial relief for victims looking to divorce their abusers.