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Assembly Bill A9753

Signed By Governor

2009-2010 Legislative Session

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

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Archive: Last Bill Status Via S3890 - Signed by Governor

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2009-A9753 - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

2009-A9753 - Summary

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

2009-A9753 - Sponsor Memo

2009-A9753 - Bill Text download pdf 

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

                                  9753

                          I N  A S S E M B L Y

                            January 21, 2010
                               ___________

Introduced by M. of A. BING, LAVINE, GALEF, LANCMAN, TITONE, CYMBROWITZ,
  KOON,  POWELL,  SCHIMEL,  ZEBROWSKI  -- Multi-Sponsored by -- M. of A.
  CAHILL, CONTE, CROUCH, DenDEKKER, DUPREY, GIANARIS,  GIGLIO,  GUNTHER,
  MARKEY, McKEVITT, M. MILLER, MILLMAN, SAYWARD, SCARBOROUGH, SKARTADOS,
  SWEENEY,  TOWNSEND -- read once and referred to the Committee on Judi-
  ciary

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. EXCEPT UNDER EXIGENT CIRCUMSTANCES PLACED ON
THE RECORD BY THE COURT, 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03530-01-9

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multi-Sponsors

2009-A9753A (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

2009-A9753A (ACTIVE) - Summary

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

2009-A9753A (ACTIVE) - Bill Text download pdf 

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

                                 9753--A

                          I N  A S S E M B L Y

                            January 21, 2010
                               ___________

Introduced by M. of A. BING, LAVINE, GALEF, LANCMAN, TITONE, CYMBROWITZ,
  KOON,  POWELL,  SCHIMEL,  ZEBROWSKI,  BENEDETTO,  KELLNER,  J. RIVERA,
  ESPAILLAT, KAVANAGH, DINOWITZ, SPANO, FIELDS, ORTIZ, BOYLAND,  CASTRO,
  HYER-SPENCER  --  Multi-Sponsored  by  --  M.  of  A. ALFANO, BURLING,
  CAHILL, CALHOUN,  CONTE,  COOK,  CROUCH,  DenDEKKER,  DUPREY,  ERRIGO,
  FINCH,  GABRYSZAK, GIANARIS, GIGLIO, GOTTFRIED, GUNTHER, HEVESI, HOOP-
  ER, JEFFRIES, JORDAN, LIFTON, LUPARDO, MAGEE, MAISEL,  MARKEY,  MAYER-
  SOHN, McDONOUGH, McKEVITT, MENG, M. MILLER, MILLMAN, MONTESANO, PERRY,
  PRETLOW,  QUINN,  REILICH,  P. RIVERA, ROBINSON, SAYWARD, SCARBOROUGH,
  SCOZZAFAVA, SKARTADOS, SWEENEY, THIELE, TOWNS, TOWNSEND --  read  once
  and  referred  to  the Committee on Judiciary -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.
                                                           LBD03530-04-0

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