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.
STATE OF NEW YORK
________________________________________________________________________
7242--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 15, 2023
___________
Introduced by M. of A. LAVINE, BYRNES -- read once and referred to the
Committee on Judiciary -- recommitted to the Committee on Judiciary in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 the spouses has broken down irretrievably
4 for a period of at least six months, provided that one party has so
5 stated under oath. No action for separation shall be maintained under
6 this subdivision unless and until the economic issues of the payment or
7 waiver of spousal support, the payment of child support, the payment of
8 counsel and experts' fees and expenses as well as the custody and visi-
9 tation with the infant children of the marriage have been resolved by
10 the parties, or determined by the court and incorporated into the
11 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.
LBD03954-02-4
