Bill Text: NY A01128 | 2021-2022 | General Assembly | Introduced

Bill Title: Allows for no fault separation.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced) 2021-01-07 - referred to judiciary [A01128 Detail]

Download: New_York-2021-A01128-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021

        Introduced by M. of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, B. MILLER,
          SAYEGH  --  Multi-Sponsored  by -- M. of A. BLANKENBUSH, TAGUE -- 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:

     1    Section 1. Section 200 of the domestic relations  law  is  amended  by
     2  adding a new subdivision 6 to read as follows:
     3    6.  The  relationship  between  husband and wife has broken down irre-
     4  trievably for a period of at least six months, provided that  one  party
     5  has  so  stated under oath. No action for separation shall be maintained
     6  under this subdivision unless and  until  the  economic  issues  of  the
     7  payment  or waiver of spousal support, the payment of child support, the
     8  payment of counsel and experts' fees and expenses as well as the custody
     9  and visitation with the  infant  children  of  the  marriage  have  been
    10  resolved  by  the  parties,  or determined by the court and incorporated
    11  into the action.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law and shall apply to matrimonial actions commenced on or
    14  after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.