Bill Text: NY S04489 | 2015-2016 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S04489 Detail]

Download: New_York-2015-S04489-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4489
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 24, 2015
                                      ___________
       Introduced  by  Sen.  LITTLE -- 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  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 CONSENT 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.
                                                                  LBD01544-01-5