Bill Text: NY A06992 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that in order to qualify to file for no fault divorce, where a marriage is broken down irretrievably and the non-petitioning spouse is a documented victim of domestic violence by the petitioning spouse, the non-petitioning spouse must consent to the divorce in order for it to occur.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A06992 Detail]

Download: New_York-2011-A06992-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6992
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 7, 2011
                                      ___________
       Introduced  by M. of A. McENENY -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the domestic relations  law,  in  relation  to  no-fault
         divorce
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 7 of section 170 of the domestic relations law,
    2  as added by chapter 384 of the laws of  2010,  is  amended  to  read  as
    3  follows:
    4    (7)  The  relationship  between husband and wife has broken down irre-
    5  trievably for a period of at least six months, provided that  one  party
    6  has  so  stated under oath; PROVIDED, FURTHER, WHERE THE NON-PETITIONING
    7  SPOUSE TO THE DIVORCE ACTION IS A DOCUMENTED VICTIM OF DOMESTIC VIOLENCE
    8  BY THE PETITIONING SPOUSE THE NON-PETITIONING SPOUSE MUST ACCEDE TO  THE
    9  DIVORCE  IN  ORDER  FOR  IT  TO OCCUR.   No judgment of divorce shall be
   10  granted under this subdivision unless and until the economic  issues  of
   11  equitable  distribution  of  marital  property, the payment or waiver of
   12  spousal support, the payment of child support, the  payment  of  counsel
   13  and  experts'  fees  and  expenses as well as the custody and visitation
   14  with the infant children of the  marriage  have  been  resolved  by  the
   15  parties,  or  determined by the court and incorporated into the judgment
   16  of divorce.
   17    S 2. This act shall take effect immediately and  shall  be  deemed  to
   18  have  been  in  full  force  and effect on the same date and in the same
   19  manner as chapter 384 of the laws of 2010 took effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09331-03-1