A05543 Summary:

BILL NOA05543
 
SAME ASNo same as
 
SPONSORTitus (MS)
 
COSPNSRBenedetto, O'Donnell, Fields, Lavine, Powell, Galef, Cahill, Clark, Carrozza, Peralta, Rivera J
 
MLTSPNSRBenjamin, Boyland, Markey, Millman, Pheffer, Robinson, Sweeney, Towns
 
Amd SS170, 200 & 236, Dom Rel L
 
Allows an action for divorce to be maintained by a husband or wife on the grounds of irreconcilable differences; allows an action for separation to be maintained by a husband or wife on the grounds of irreconcilable differences; relates to pleadings, proofs and motions relating to matrimonial actions based on the ground of irreconcilable differences; relates to allowing the fault of either party to be considered in determining an equitable disposition of property and temporary maintenance.
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A05543 Actions:

BILL NOA05543
 
02/13/2009referred to judiciary
01/06/2010referred to judiciary
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A05543 Floor Votes:

There are no votes for this bill in this legislative session.
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A05543 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5543
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  TITUS, BENEDETTO, O'DONNELL, FIELDS, LAVINE,
          POWELL, GALEF, CAHILL, CLARK, CARROZZA, PERALTA -- Multi-Sponsored  by
          --  M.  of  A.  BENJAMIN, BOYLAND, MARKEY, MILLMAN, PHEFFER, ROBINSON,
          SWEENEY, TOWNS -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the domestic relations law, in relation to  grounds  for

          an action for divorce and for an action for separation
 
          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)  (a) Irreconcilable differences which have caused the irremediable
     4  breakdown of the marriage, irrespective of the fault  of  either  party,
     5  and further attempts at reconciliation are impractical or futile and not
     6  in  the  best  interest  of the parties or family.  Irrespective of this
     7  subdivision, allegations or evidence  of  specific  acts  or  misconduct
     8  shall  be proper and admissible as a factor when determining maintenance
     9  and property division.

    10    (b) If both of the parties by petition or otherwise state  under  oath
    11  or  affirmation irreconcilable differences within the marriage or if one
    12  of the parties so states and the other does not deny such statement, the
    13  court shall make a finding as to whether or not the marriage is irremed-
    14  iably broken. Irreconcilable differences are  those  grounds  which  are
    15  determined  by the court which have caused the irremediable breakdown of
    16  the marriage and further attempts at reconciliation are  impractical  or
    17  futile and not in the best interest of the parties or family.
    18    (1)  If  one  of the parties has denied under oath or affirmation that
    19  the marriage is irremediably broken, the court shall consider all  rele-

    20  vant  factors,  including the circumstances that gave rise to the filing
    21  of the petition and the prospect of reconciliation, and shall: (i)  make
    22  a  finding whether the marriage is irremediably broken; or (ii) continue
    23  the matter for further hearing and may suggest to the parties that  they
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03902-02-9

        A. 5543                             2
 
     1  seek  counseling.  The  court  shall  then  make  a  finding whether the
     2  marriage is irremediably broken.
     3    (2)  If  one  of  the parties states that the marriage is irremediably

     4  broken and the other has not denied such statement, there is a  presump-
     5  tion  that  the  marriage is irremediably broken, unless controverted by
     6  the evidence, the court shall, after a hearing, make a finding that  the
     7  marriage is irremediably broken. The court, in its discretion, may waive
     8  a hearing on an uncontested divorce complaint and admit proof by affida-
     9  vit.
    10    (3)  Appeal from the decree of dissolution that does not challenge the
    11  finding that the marriage is irremediably  broken  does  not  delay  the
    12  finality of that provision of the decree which dissolved the marriage. A
    13  party  may  remarry  before  the  time  for  appeal has run if it is not
    14  contested that the marriage is irremediably broken or if  a  stipulation

    15  that  the  marriage is irremediably broken is incorporated in the decree
    16  for dissolution.
    17    § 2. Section 200 of the domestic relations law is amended by adding  a
    18  new subdivision 6 to read as follows:
    19    6. Irreconcilable differences between the parties have caused a tempo-
    20  rary or irremediable breakdown of the marriage.
    21    §  3.  Subparagraph  13  of  paragraph d of subdivision 5 of part B of
    22  section 236 of the domestic relations law, as renumbered by chapter  884
    23  of  the  laws  of 1986, is renumbered subparagraph 14 and a new subpara-
    24  graph 13 is added to read as follows:
    25    (13) the fault of either party;
    26    § 4. Subparagraph 11 of paragraph a of subdivision  6  of  part  B  of
    27  section  236 of the domestic relations law is renumbered subparagraph 12

    28  and a new subparagraph 11 is added to read as follows:
    29    (11) the fault of either party;
    30    § 5. This act shall take effect immediately and shall apply to actions
    31  filed prior to and pending on the effective date of  this  act,  and  to
    32  actions filed on or after such effective date.
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