Assembly Bill A7242B

2023-2024 Legislative Session

Allows for no fault separation

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A7242 - Details

See Senate Version of this Bill:
S8705
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8720
2021-2022: A1128

2023-A7242 - Summary

Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.

2023-A7242 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7242
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M. of A. LAVINE, BYRNES -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to allowing  for
   no fault separation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 200 of the domestic relations  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  THE  RELATIONSHIP  BETWEEN  HUSBAND AND WIFE HAS BROKEN DOWN IRRE-
 TRIEVABLY FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED THAT  ONE  PARTY
 HAS  SO  STATED UNDER OATH. NO ACTION FOR SEPARATION SHALL BE MAINTAINED
 UNDER THIS SUBDIVISION UNLESS AND  UNTIL  THE  ECONOMIC  ISSUES  OF  THE
 PAYMENT  OR WAIVER OF SPOUSAL SUPPORT, THE PAYMENT OF CHILD SUPPORT, THE
 PAYMENT OF COUNSEL AND EXPERTS' FEES AND EXPENSES AS WELL AS THE CUSTODY
 AND VISITATION WITH THE  INFANT  CHILDREN  OF  THE  MARRIAGE  HAVE  BEEN
 RESOLVED  BY  THE  PARTIES,  OR DETERMINED BY THE COURT AND INCORPORATED
 INTO THE ACTION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to matrimonial actions commenced on or
 after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03954-01-3



              

co-Sponsors

2023-A7242A - Details

See Senate Version of this Bill:
S8705
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8720
2021-2022: A1128

2023-A7242A - Summary

Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.

2023-A7242A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7242--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M. of A. LAVINE, BYRNES -- read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the domestic relations law, in relation to allowing  for
   no fault separation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200 of the domestic relations  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  THE RELATIONSHIP BETWEEN THE SPOUSES HAS BROKEN DOWN IRRETRIEVABLY
 FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED  THAT  ONE  PARTY  HAS  SO
 STATED  UNDER  OATH.  NO ACTION FOR SEPARATION SHALL BE MAINTAINED UNDER
 THIS SUBDIVISION UNLESS AND UNTIL THE ECONOMIC ISSUES OF THE PAYMENT  OR
 WAIVER  OF SPOUSAL SUPPORT, THE PAYMENT OF CHILD SUPPORT, THE PAYMENT OF
 COUNSEL AND EXPERTS' FEES AND EXPENSES AS WELL AS THE CUSTODY AND  VISI-
 TATION  WITH  THE  INFANT CHILDREN OF THE MARRIAGE HAVE BEEN RESOLVED BY
 THE PARTIES, OR DETERMINED  BY  THE  COURT  AND  INCORPORATED  INTO  THE
 ACTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to matrimonial actions commenced on or
 after such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03954-02-4



              

co-Sponsors

2023-A7242B (ACTIVE) - Details

See Senate Version of this Bill:
S8705
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8720
2021-2022: A1128

2023-A7242B (ACTIVE) - Summary

Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.

2023-A7242B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7242--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE, BYRNES, GLICK, SIMON, BORES, DAVILA,
   LEVENBERG -- read once and referred to the Committee on  Judiciary  --
   recommitted  to the Committee on Judiciary in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
   2 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee
 
 AN  ACT to amend the domestic relations law, in relation to allowing for
   no fault separation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivisions  5  and  6  of section 170 of the domestic
 relations law, subdivision 5 as amended by chapter 835 of  the  laws  of
 1970,  subdivision  6 as amended by chapter 801 of the laws of 1971, are
 amended to read as follows:
   (5) The husband and wife have lived apart  pursuant  to  a  decree  or
 judgment of separation for a period of [one or more years] SIX MONTHS OR
 MORE  after  the  granting  of such decree or judgment, and satisfactory
 proof has been submitted by the plaintiff that [he or she]  SUCH  PLAIN-
 TIFF  has  substantially  performed all the terms and conditions of such
 decree or judgment.
   (6) The husband and wife have lived separate and apart pursuant  to  a
 written  agreement  of separation, subscribed by the parties thereto and
 acknowledged or proved in the form required to  entitle  a  deed  to  be
 recorded,  for  a period of [one or more years] SIX MONTHS OR MORE after
 the execution of such agreement and satisfactory proof has been  submit-
 ted  by  the plaintiff that [he or she] SUCH PLAINTIFF has substantially
 performed all the terms and conditions of such agreement. Such agreement
 shall be filed in the office of the clerk of the county  wherein  either
 party  resides.  In  lieu of filing such agreement, either party to such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03954-04-4
              

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