Bill Text: NY A02386 | 2023-2024 | General Assembly | Introduced


Bill Title: Allows for no fault separation.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced) 2023-05-10 - enacting clause stricken [A02386 Detail]

Download: New_York-2023-A02386-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2386

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, MILLER,
          SAYEGH, GALLAHAN, J. M. GIGLIO --  Multi-Sponsored  by  --  M.  of  A.
          BLANKENBUSH, TAGUE -- read once and referred to the Committee on Judi-
          ciary

        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.
                                                                   LBD03954-01-3
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