STATE OF NEW YORK
________________________________________________________________________
2386
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, MILLER,
SAYEGH, GALLAHAN, J. M. GIGLIO -- Multi-Sponsored by -- M. of A.
BLANKENBUSH, TAGUE -- read once and referred to the Committee on Judi-
ciary
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.
LBD03954-01-3
