Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Feb 13, 2009 |
referred to judiciary |
Assembly Bill A5543
2009-2010 Legislative Session
Sponsored By
TITUS
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Michael Benedetto
Daniel O'Donnell
Ginny Fields
Charles Lavine
multi-Sponsors
Michael Benjamin
William Boyland
Margaret Markey
Joan Millman
2009-A5543 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§170, 200 & 236, Dom Rel L
2009-A5543 (ACTIVE) - Summary
Allows an action for divorce to be maintained by a husband or wife on the grounds of irreconcilable differences; allows an action for separation to be maintained by a husband or wife on the grounds of irreconcilable differences; relates to pleadings, proofs and motions relating to matrimonial actions based on the ground of irreconcilable differences; relates to allowing the fault of either party to be considered in determining an equitable disposition of property and temporary maintenance.
2009-A5543 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5543 2009-2010 Regular Sessions I N A S S E M B L Y February 13, 2009 ___________ Introduced by M. of A. TITUS, BENEDETTO, O'DONNELL, FIELDS, LAVINE, POWELL, GALEF, CAHILL, CLARK, CARROZZA, PERALTA -- Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, MARKEY, MILLMAN, PHEFFER, ROBINSON, SWEENEY, TOWNS -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to grounds for an action for divorce and for an action for separation 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) (A) IRRECONCILABLE DIFFERENCES WHICH HAVE CAUSED THE IRREMEDIABLE BREAKDOWN OF THE MARRIAGE, IRRESPECTIVE OF THE FAULT OF EITHER PARTY, AND FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTEREST OF THE PARTIES OR FAMILY. IRRESPECTIVE OF THIS SUBDIVISION, ALLEGATIONS OR EVIDENCE OF SPECIFIC ACTS OR MISCONDUCT SHALL BE PROPER AND ADMISSIBLE AS A FACTOR WHEN DETERMINING MAINTENANCE AND PROPERTY DIVISION. (B) IF BOTH OF THE PARTIES BY PETITION OR OTHERWISE STATE UNDER OATH OR AFFIRMATION IRRECONCILABLE DIFFERENCES WITHIN THE MARRIAGE OR IF ONE OF THE PARTIES SO STATES AND THE OTHER DOES NOT DENY SUCH STATEMENT, THE COURT SHALL MAKE A FINDING AS TO WHETHER OR NOT THE MARRIAGE IS IRREMED- IABLY BROKEN. IRRECONCILABLE DIFFERENCES ARE THOSE GROUNDS WHICH ARE DETERMINED BY THE COURT WHICH HAVE CAUSED THE IRREMEDIABLE BREAKDOWN OF THE MARRIAGE AND FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTEREST OF THE PARTIES OR FAMILY. (1) IF ONE OF THE PARTIES HAS DENIED UNDER OATH OR AFFIRMATION THAT THE MARRIAGE IS IRREMEDIABLY BROKEN, THE COURT SHALL CONSIDER ALL RELE- VANT FACTORS, INCLUDING THE CIRCUMSTANCES THAT GAVE RISE TO THE FILING OF THE PETITION AND THE PROSPECT OF RECONCILIATION, AND SHALL: (I) MAKE A FINDING WHETHER THE MARRIAGE IS IRREMEDIABLY BROKEN; OR (II) CONTINUE THE MATTER FOR FURTHER HEARING AND MAY SUGGEST TO THE PARTIES THAT THEY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03902-02-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.