STATE OF NEW YORK
________________________________________________________________________
3533
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. BRADLEY, EDDINGTON, FIELDS, BENEDETTO, PERALTA,
KELLNER, ZEBROWSKI, SCHIMEL, ESPAILLAT -- Multi-Sponsored by -- M. of
A. GABRYSZAK, GUNTHER, JEFFRIES, KOON, MAISEL, MAYERSOHN, PRETLOW,
ROBINSON, TOWNS -- read once and referred to the Committee on Judici-
ary
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. Except under exigent circumstances placed on
6 the record by the court, no judgment of divorce shall be granted under
7 this subdivision unless and until the economic issues of equitable
8 distribution of marital property, the payment or waiver of spousal
9 support, the payment of child support, the payment of counsel and
10 experts' fees and expenses as well as the custody and visitation with
11 the infant children of the marriage have been resolved by the parties,
12 or determined by the court and incorporated into the judgment of
13 divorce.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03530-01-9
