STATE OF NEW YORK
________________________________________________________________________
1128
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, B. MILLER,
SAYEGH -- Multi-Sponsored by -- M. of A. BLANKENBUSH, TAGUE -- read
once and referred to the Committee on Judiciary
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.
LBD02811-01-1