S T A T E O F N E W Y O R K
________________________________________________________________________
3000
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to void
marriages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of the domestic relations law, as amended by
chapter 144 of the laws of 1950, is amended to read as follows:
S 6. Void marriages. 1. A marriage is absolutely void if contracted
by a person whose husband or wife by a former marriage is living, unless
either:
[1.] (A) Such former marriage has been annulled or has been dissolved
for a cause other than the adultery of such person; provided, that if
such former marriage has been dissolved for the cause of the adultery of
such person, he or she may marry again in the cases provided for in
section eight of this [chapter] ARTICLE and such subsequent marriage
shall be valid;
[3.] (B) Such former marriage has been dissolved pursuant to section
[seven-a] TWO HUNDRED TWENTY of this chapter.
2. A MARRIAGE OR UNION IS ABSOLUTELY VOID IF CONTRACTED BY TWO PERSONS
OF THE SAME SEX, REGARDLESS OF WHETHER SUCH MARRIAGE OR UNION IS RECOG-
NIZED OR SOLEMNIZED IN ANOTHER JURISDICTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05447-01-9