senate Bill S4989

Amended

Provides where marriage is broken down irretrievably and the non-petitioning spouse is a documented victim of domestic abuse such spouse must consent to the divorce

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Bill Status


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

  • 02 / May / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 28 / Feb / 2012
    • AMEND AND RECOMMIT TO JUDICIARY
  • 28 / Feb / 2012
    • PRINT NUMBER 4989A
  • 01 / Mar / 2012
    • 1ST REPORT CAL.264
  • 05 / Mar / 2012
    • 2ND REPORT CAL.
  • 06 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides that in order to qualify to file for no fault divorce, where a marriage is broken down irretrievably and the non-petitioning spouse is a documented victim of domestic violence by the petitioning spouse, the non-petitioning spouse must consent to the divorce in order for it to occur.

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Bill Details

See Assembly Version of this Bill:
A6992
Versions:
S4989
S4989A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

Sponsor Memo

BILL NUMBER:S4989

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

PURPOSE OR GENERAL IDEA OF BILL:
To provide that where the
non-petitioning spouse in a divorce action is a documented victim of
domestic abuse such spouse must accede to the divorce.

SUMMARY OF SPECIFIC PROVISIONS:
Amends chapter 384 of
the laws of 2010
with new language intended to protect victims of domestic abuse the
ability to accede to the divorce.

JUSTIFICATION:
Although in the majority of situations the no-fault
divorce statute is a help to individuals trying to reach a divorce
settlement in a timely fashion. There are a small number of
individuals who may fall through the cracks and be adversely affected
financially by the current law.
This would assure that documented victims of domestic abuse would have
to agree to the divorce before it could occur.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately and shall be
deemed to have been in full force and effect on the same date and in
the same manner as chapter 384 of the laws of 2010 took effect.

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

                                  4989

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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. Subdivision 7 of section 170 of the domestic relations law,
as added by chapter 384 of the laws of  2010,  is  amended  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; PROVIDED, FURTHER, WHERE THE NON-PETITIONING
SPOUSE TO THE DIVORCE ACTION IS A DOCUMENTED VICTIM OF DOMESTIC VIOLENCE
BY THE PETITIONING SPOUSE THE NON-PETITIONING SPOUSE MUST ACCEDE TO  THE
DIVORCE  IN  ORDER  FOR  IT  TO OCCUR.   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 immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as chapter 384 of the laws of 2010 took effect.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09331-03-1

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