STATE OF NEW YORK
________________________________________________________________________
9753--A
IN ASSEMBLY
January 21, 2010
___________
Introduced by M. of A. BING, LAVINE, GALEF, LANCMAN, TITONE, CYMBROWITZ,
KOON, POWELL, SCHIMEL, ZEBROWSKI, BENEDETTO, KELLNER, J. RIVERA,
ESPAILLAT, KAVANAGH, DINOWITZ, SPANO, FIELDS, ORTIZ, BOYLAND, CASTRO,
HYER-SPENCER -- Multi-Sponsored by -- M. of A. ALFANO, BURLING,
CAHILL, CALHOUN, CONTE, COOK, CROUCH, DenDEKKER, DUPREY, ERRIGO,
FINCH, GABRYSZAK, GIANARIS, GIGLIO, GOTTFRIED, GUNTHER, HEVESI, HOOP-
ER, JEFFRIES, JORDAN, LIFTON, LUPARDO, MAGEE, MAISEL, MARKEY, MAYER-
SOHN, McDONOUGH, McKEVITT, MENG, M. MILLER, MILLMAN, MONTESANO, PERRY,
PRETLOW, QUINN, REILICH, P. RIVERA, ROBINSON, SAYWARD, SCARBOROUGH,
SCOZZAFAVA, SKARTADOS, SWEENEY, THIELE, TOWNS, TOWNSEND -- read once
and referred to the Committee on Judiciary -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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. Section 170 of the domestic relations law is amended by
2 adding a new subdivision 7 to read as follows:
3 (7) 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 judgment of divorce shall be granted under
6 this subdivision unless and until the economic issues of equitable
7 distribution of marital property, the payment or waiver of spousal
8 support, the payment of child support, the payment of counsel and
9 experts' fees and expenses as well as the custody and visitation with
10 the infant children of the marriage have been resolved by the parties,
11 or determined by the court and incorporated into the judgment of
12 divorce.
13 § 2. This act shall take effect on the sixtieth day after it shall
14 have become a law and and shall apply to matrimonial actions commenced
15 on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03530-04-0