Senate Bill S4489

2015-2016 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 Senate Committee Judiciary 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

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2015-S4489 (ACTIVE) - Details

See Assembly Version of this Bill:
A6587
Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6992
2013-2014: A7292
2017-2018: S764

2015-S4489 (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.

2015-S4489 (ACTIVE) - Sponsor Memo

2015-S4489 (ACTIVE) - Bill Text download pdf 

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

                                  4489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

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 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.
                                                           LBD01544-01-5

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