senate Bill S3890A

Signed by Governor

Provides that spouses may be granted a judgment of divorce in a timely fashion provided they meet certain conditions

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 02 / Apr / 2009
    • REFERRED TO JUDICIARY
  • 19 / May / 2009
    • 1ST REPORT CAL.358
  • 20 / May / 2009
    • 2ND REPORT CAL.
  • 26 / May / 2009
    • ADVANCED TO THIRD READING
  • 16 / Jul / 2009
    • COMMITTED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO JUDICIARY
  • 03 / May / 2010
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 18 / May / 2010
    • 1ST REPORT CAL.570
  • 24 / May / 2010
    • 2ND REPORT CAL.
  • 25 / May / 2010
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2010
    • AMENDED ON THIRD READING 3890A
  • 15 / Jun / 2010
    • PASSED SENATE
  • 15 / Jun / 2010
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2010
    • REFERRED TO JUDICIARY
  • 01 / Jul / 2010
    • SUBSTITUTED FOR A9753A
  • 01 / Jul / 2010
    • ORDERED TO THIRD READING RULES CAL.523
  • 01 / Jul / 2010
    • PASSED ASSEMBLY
  • 01 / Jul / 2010
    • RETURNED TO SENATE
  • 03 / Aug / 2010
    • DELIVERED TO GOVERNOR
  • 13 / Aug / 2010
    • SIGNED CHAP.384
  • 08 / Oct / 2010
    • APPROVAL MEMO.27

Summary

Provides that spouses may be granted a judgment of divorce in a timely fashion provided they meet certain conditions.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9753A
Versions:
S3890
S3890A
Legislative Cycle:
2009-2010
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

Sponsor Memo

BILL NUMBER:S3890A REVISED 7/27/10

TITLE OF BILL:
An act to amend the domestic relations law, in relation to no fault
divorce

PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would allow a judgment of divorce to be granted to either a
husband or a wife without assigning fault to either of the parties.
However, a divorce could only be granted after the major ancillary
issues have been resolved.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 170 of the Domestic Relations Law is amended by
adding subdivision 7 allowing divorce when a marriage is irretrievably
broken for a period of at least six months, provided that one party has
so stated under oath.

This judgment can only be granted after the following ancillary issues
have been resolved: the equitable distribution of marital property, the
payment or waiver of spousal support, the payment of child support, the
payment of counsel and expert fees and expenses, and custody and visita-
tion with the infant children of the marriage.

A judgment of divorce under this subdivision could not be issued until
all these issues are resolved.

Section 2 establishes that this act shall take effect on the sixtieth
day after it shall have become law.

JUSTIFICATION:
New York is the only state that does not have a no-fault divorce
provision.

Currently, a divorce can only be procured by alleging fault such as
cruel and inhuman treatment, adultery, abandonment or confinement of the
defendant in prison (in addition to the parties living apart pursuant to
a separation agreement or judicial decree for more than one year). Yet
many people divorce for valid reasons that do not fall under these clas-
sifications. They are forced to invent false justifications to legally
dissolve their marriages. False accusations and the necessity to hold
one partner at fault often result in conflict within the family. The
conflict is harmful to the partners and destructive to the emotional
well being of children. Prolonging the divorce process adds additional
stress to an already difficult situation.

A study cited at the 2007 Forum on the Need for No-Fault Divorce
presented by the NYS Office of Court Administration's Office of Matrimo-
nial and Family Law Study and Reform showed a large decline in domestic
violence in states with no-fault divorce. The 37 states studied that
have adopted no-fault divorce statutes have seen female suicide rates

decline approximately 20% while reports of domestic violence committed
by husbands against wives were reduced by more than one-third.

This legislation enables parties to legally end a marriage which is, in
reality, already over and cannot be salvaged. Its intent is to lessen
the disputes that often arise between the parties and to mitigate the
potential harm to them and their children caused by the current process.
Because a resolution of all the major issues must be reached before a
divorce judgment is granted, this legislation safeguards the parties'
rights and economic interests.

It is the intent of this legislation to grant full recognition and
respect to valid marriages of same-sex couples to obtain relief under
New York State laws and in New York's courts. While the Domestic
Relations Law uses the terms "husband and wife" in some places and
"plaintiff and defendant" in others, in using the terms "husband and
wife", it is not the intent of this legislation to preclude access to
relief under the Domestic Relations Law by same-sex couples with valid
marriages performed outside the state. Current New York law, written to
apply to "husband and wife," has been properly interpreted by New York
courts to allow relief for same-sex couples with valid marriages. It is
not the intent of this legislation to alter the interpretations of this
case law including Martinez v. County of Monroe. 50 A.D.3d 189, 850
N.Y.S.2d 740 (4th Dept 2008), Beth R. v. Donna M., 19 Misc. 3d 724,
(Sup. Ct., N.Y. County 2008), and C.M. v. C.C., 867 N.Y.S.2d 884, (Sup.
Ct., N.Y. County 2008), nor is it the intent of this legislation to
alter New York State's policy to recognize out-of-state same-sex
marriages.

PRIOR LEGISLATIVE HISTORY:
A.9398A of 2007-2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3890--A
    Cal. No. 570

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  ADAMS,  DILAN,  ESPADA, KLEIN,
  KRUEGER, MONTGOMERY, SAMPSON,  THOMPSON  --  read  twice  and  ordered
  printed,  and when printed to be committed to the Committee on Judici-
  ary -- recommitted to the Committee on Judiciary  in  accordance  with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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:

  Section 1. Section 170 of the domestic relations  law  is  amended  by
adding a new subdivision 7 to read as follows:
  (7)  THE  RELATIONSHIP  BETWEEN HUSBAND AND WIFE HAS BROKEN DOWN IRRE-
TRIEVABLY FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED THAT  ONE  PARTY
HAS SO STATED UNDER OATH.  NO JUDGMENT OF DIVORCE SHALL BE GRANTED UNDER
THIS  SUBDIVISION  UNLESS  AND  UNTIL  THE  ECONOMIC ISSUES OF EQUITABLE
DISTRIBUTION OF MARITAL PROPERTY,  THE  PAYMENT  OR  WAIVER  OF  SPOUSAL
SUPPORT,  THE  PAYMENT  OF  CHILD  SUPPORT,  THE  PAYMENT OF COUNSEL AND
EXPERTS' FEES AND EXPENSES AS WELL AS THE CUSTODY  AND  VISITATION  WITH
THE  INFANT  CHILDREN OF THE MARRIAGE HAVE BEEN RESOLVED BY THE PARTIES,
OR DETERMINED BY  THE  COURT  AND  INCORPORATED  INTO  THE  JUDGMENT  OF
DIVORCE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law and and shall apply to matrimonial  actions  commenced
on or after such effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03530-05-0

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.