| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 21, 2012 |
committed to rules |
| Mar 06, 2012 |
advanced to third reading |
| Mar 05, 2012 |
2nd report cal. |
| Mar 01, 2012 |
1st report cal.264 |
| Feb 28, 2012 |
print number 4989a |
| Feb 28, 2012 |
amend and recommit to judiciary |
| Jan 04, 2012 |
referred to judiciary |
| May 02, 2011 |
referred to judiciary |
Senate Bill S4989A
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D) Senate District
(D) Senate District
2011-S4989 - Details
- See Assembly Version of this Bill:
- A6992
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §170, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A7292
2015-2016: A6587
2011-S4989 - 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.
2011-S4989 - 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.
2011-S4989 - Bill Text download pdf
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
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D) Senate District
(D) Senate District
2011-S4989A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6992
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §170, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A7292
2015-2016: A6587
2011-S4989A (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.
2011-S4989A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4989A
TITLE OF BILL:
An act
to amend the domestic relations law, in relation to no-fault divorce
PURPOSE:
To provide that where the non-petitioning spouse in a divorce action
is a documented victim of domestic abuse such spouse must consent to
the divorce.
SUMMARY OF PROVISIONS:
Amends chapter 384 of the laws of 2010 with new language intended to
protect victims of domestic abuse the ability to consent 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.
LEGISLATIVE HISTORY:
New legislation.
2011-S4989A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4989--A
2011-2012 Regular Sessions
I N S E N A T E
May 2, 2011
___________
Introduced by Sens. LITTLE, HUNTLEY, ADAMS, CARLUCCI, DILAN, ESPAILLAT,
HANNON, KLEIN, SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- recommitted
to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
-- 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.
LBD09331-06-2
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.