S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3392--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. LAVINE, BORES, DAVILA, GLICK, LEVENBERG, SIMON --
   read  once  and  referred  to  the Committee on Judiciary -- 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 and subdivision 6 as amended by chapter 801 of the  laws  of  1971,
 are amended to read as follows:
   (5)  The  [husband  and  wife]  SPOUSES 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 satis-
 factory proof has been submitted by the plaintiff that [he or she]  SUCH
 PLAINTIFF  has  substantially  performed all the terms and conditions of
 such decree or judgment.
   (6) The [husband and wife]  SPOUSES  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 submitted 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 agreement may file a memorandum of such  agreement,  which
 memorandum  shall  be similarly subscribed and acknowledged or proved as
 was the agreement of separation and shall contain the following informa-
 tion: (a) the names and addresses of each of the parties, (b)  the  date
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03731-04-5
              

 A. 3392--A                          2
 
 of  marriage of the parties, (c) the date of the agreement of separation
 and (d) the date of this subscription and  acknowledgment  or  proof  of
 such agreement of separation.
   § 2.  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.
   §  3.  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.