senate Bill S4989A

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 Committee


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

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Actions

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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
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
May 02, 2011 referred to judiciary

Votes

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Mar 1, 2012 - Judiciary committee Vote

S4989A
8
11
committee
8
Aye
11
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4989 - Bill Details

See Assembly Version of this Bill:
A6992A
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

S4989 - Bill Texts

view 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.

view 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.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
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.

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                    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

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S4989A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6992A
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L

S4989A (ACTIVE) - Bill Texts

view 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.

view 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.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
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.

view full 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

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