assembly Bill A6992A

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 held for consideration in judiciary
Mar 02, 2012 print number 6992a
Mar 02, 2012 amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Apr 07, 2011 referred to judiciary

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A6992 (ACTIVE) - Details

See Senate Version of this Bill:
S4989
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7292
2015-2016: A6587

A6992 (ACTIVE) - 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.

A6992 (ACTIVE) - Bill Text download pdf

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

                                  6992

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by M. of A. McENENY -- read once and referred to the Commit-
  tee 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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A6992A (ACTIVE) - Details

See Senate Version of this Bill:
S4989
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7292
2015-2016: A6587

A6992A (ACTIVE) - 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.

A6992A (ACTIVE) - Bill Text download pdf

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

                                 6992--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M. of A. McENENY, M. MILLER, GALEF, COOK, DUPREY, WEPRIN
  -- Multi-Sponsored by -- M. of A. CROUCH, GUNTHER, McDONOUGH, SCARBOR-
  OUGH, TITONE, WEISENBERG -- read once and referred to the Committee on
  Judiciary -- recommitted to the Committee on Judiciary  in  accordance
  with  Assembly  Rule  3, sec. 2 -- 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. 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 CONSENT 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.
                                                           LBD09331-07-2

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