Senate Bill S1261

2025-2026 Legislative Session

Allows for no fault separation

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary 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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2025-S1261 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§170 & 200, Dom Rel L
Versions Introduced in 2023-2024 Legislative Session:
S8705

2025-S1261 (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.

2025-S1261 (ACTIVE) - Sponsor Memo

2025-S1261 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1261
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed 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.   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
 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 information: (a)
 the names and addresses of each of the parties, (b) the date of marriage
 of  the parties, (c) the date of the agreement of separation and (d) the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03731-01-5
 S. 1261                             2
              

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