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S08705 Summary:

BILL NOS08705A
 
SAME ASSAME AS A07242-B
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Amd §§170 & 200, Dom Rel L
 
Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.
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S08705 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8705--A
            Cal. No. 781
 
                    IN SENATE
 
                                      March 1, 2024
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Judiciary  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading

        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.    Subdivisions  5  and  6  of section 170 of the domestic
     2  relations law, subdivision 5 as amended by chapter 835 of  the  laws  of
     3  1970,  subdivision  6 as amended by chapter 801 of the laws of 1971, are
     4  amended to read as follows:
     5    (5) The husband and wife have lived apart  pursuant  to  a  decree  or
     6  judgment of separation for a period of [one or more years] six months or
     7  more  after  the  granting  of such decree or judgment, and satisfactory
     8  proof has been submitted by the plaintiff that [he or she]  such  plain-
     9  tiff  has  substantially  performed all the terms and conditions of such
    10  decree or judgment.
    11    (6) The husband and wife have lived separate and apart pursuant  to  a
    12  written  agreement  of separation, subscribed by the parties thereto and
    13  acknowledged or proved in the form required to  entitle  a  deed  to  be
    14  recorded,  for  a period of [one or more years] six months or more after
    15  the execution of such agreement and satisfactory proof has been  submit-
    16  ted  by  the plaintiff that [he or she] such plaintiff has substantially
    17  performed all the terms and conditions of such agreement. Such agreement
    18  shall be filed in the office of the clerk of the county  wherein  either
    19  party  resides.  In  lieu of filing such agreement, either party to such
    20  agreement may file a memorandum  of  such  agreement,  which  memorandum
    21  shall  be  similarly  subscribed  and  acknowledged or proved as was the
    22  agreement of separation and shall contain the following information: (a)
    23  the names and addresses of each of the parties, (b) the date of marriage
    24  of the parties, (c) the date of the agreement of separation and (d)  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03954-05-4

        S. 8705--A                          2
 
     1  date  of this subscription and acknowledgment or proof of such agreement
     2  of separation.
     3    § 2.  Section 200 of the domestic relations law is amended by adding a
     4  new subdivision 6 to read as follows:
     5    6.  The relationship between the spouses has broken down irretrievably
     6  for a period of at least six months, provided  that  one  party  has  so
     7  stated  under  oath.  No action for separation shall be maintained under
     8  this subdivision unless and until the economic issues of the payment  or
     9  waiver  of spousal support, the payment of child support, the payment of
    10  counsel and experts' fees and expenses as well as the custody and  visi-
    11  tation  with  the  infant children of the marriage have been resolved by
    12  the parties, or determined  by  the  court  and  incorporated  into  the
    13  action.
    14    §  3.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law and shall apply to matrimonial actions commenced on or
    16  after such effective date.
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