Judge: Divorce cases skewed toward women

[Gabriel]

Link

Judge: Divorce cases skewed toward women

BY JOE MAHONEY
DAILY NEWS ALBANY BUREAU CHIEF

One of New York's top judges started tongues wagging after suggesting divorce leaves men with the short end of the stick when it's time to divvy up the dough.

In a speech last week, Court of Appeals Judge Robert Smith suggested courts aren't always gender-neutral - and the marriage contract is often skewed in favor of the woman, according to the New York Law Journal.

In divorce cases involving working women and stay-at-home husbands, Smith said he suspects men still don't get their fair share.

"I read a case where the wife was a dental hygienist and the husband said, 'That's marital property.' The court said, 'You're right, it is marital property. You are getting 7%,'" the Law Journal quoted Smith saying Thursday in a speech to the Family Law Section of the New York State Bar Association.

A spokesman for the Court of Appeals said Smith had no additional comments about the controversial speech.

"It's not something he wants to comment on further," spokesman Gary Spencer said.

Claims of a pro-female tilt ignore the harsh financial realities of divorce, said Marcia Pappas, head of the New York State chapter of the National Organization for Women.

"Judge Smith is out of touch with real families," Pappas said. "How he thinks the system favors women is really surprising to me. I'm not sure what he's basing his personal opinions on."

But prominent New York divorce lawyer Eleanor Alter, whose clients have included Christie Brinkley and Mia Farrow, hailed Smith for adding some spice to the "discussion and disagreement" over matrimonial law.

"It's great that he said it," Alter said. "If we get to the point where we can only say what's politically correct, then we're in pretty bad shape."

Originally published on January 31, 2005

Judge Smith bio

Hon. Robert S. Smith
Robert S. Smith, Associate Judge of the Court of Appeals, was born in New York, New York in August 1944, and grew up in Massachusetts and Connecticut. He graduated from Stanford University (B.A. 1965, with great distinction) and Columbia Law School (LL.B. 1968, magna cum laude), where he was editor-in-chief of the Law Review. From 1968 to 2003 he practiced law in New York City with the firm of Paul, Weiss, Rifkind, Wharton & Garrison, taking a one-year leave of absence in 1980-81 to serve as Visiting Professor from Practice at Columbia Law School. He was a Lecturer in Law at Columbia Law School from 1981 until 1990.

On June 1, 2003, he became an individual practitioner and Special Counsel to the firm of Kornstein Veisz Wexler & Pollard. On November 4, 2003 he was appointed by Governor George E. Pataki to the Court of Appeals. The appointment was confirmed by the State Senate on January 12, 2004. He and his wife, Dian G. Smith, live in New York City. They have three children and one grandchild.

Heard this on Rush Limbaugh's station, but Curtis and Kuby was on. I woke up to this story.Link
Kuby repeats myths that women have no money, men do, and the person who has the money controls the divorce. Which is, of course, bs.

A guy called up and said his judge was disbarred because his wife was having cake with his wife (meant judge - it was early and I hadn't had my coffee).

[MacKenzie]

And here's the spin from NOW...

Claims of a pro-female tilt ignore the harsh financial realities of divorce, said Marcia Pappas, head of the New York State chapter of the National Organization for Women.

"Judge Smith is out of touch with real families," Pappas said. "How he thinks the system favors women is really surprising to me. I'm not sure what he's basing his personal opinions on."

Note here that the JUDGE is being "judged" rather than the flaws in the system.

It's his "fault" that he thinks that the system is skewed.

Someone who has over THIRTY years of experience in Law couldn't possibly have something more than a "personal opinion" on the faults of the system...  :roll:

Typical. Ad Hominem.

However...

But prominent New York divorce lawyer Eleanor Alter, whose clients have included Christie Brinkley and Mia Farrow, hailed Smith for adding some spice to the "discussion and disagreement" over matrimonial law.

"It's great that he said it," Alter said. "If we get to the point where we can only say what's politically correct, then we're in pretty bad shape."

So, the gagging of discussion about marital law is acknowledged for once.

A good start.

[blackmanx]

The   Anti-Male   Bias  is   a  part  of  the   System.  When  will  ALL  men  wake  up  and   fight  it  ?

[PROFOUND1]

Firstly Black Manx, welcome to the main board bro this is where the action is man! I have enjoyed your interesting post's -- forget the domestic violence board, bring your "worthy" point of view/s to a larger spectrum of involved view's/perspective -- right here!

Black Manx said:

The Anti-Male Bias is a part of the System. When will ALL men wake up and fight it ?

I have been aware of this gender two-tiered system of law and morality since a very young age, my "awakened" opposition has been met with extreme and fanatical opposition from a general and specific "indoctrinated" populace ---- Frighteningly geared to erasing any logical empirical evidence to prove otherwise.

Intially most of my family and friend's thought I was mad -- the more they invariably began to look at the fact's the more sanity and reality has begun to take effect!