Senate Bill S764

2017-2018 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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-S764 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §170, Dom Rel L
Versions Introduced in 2015-2016 Legislative Session:
S4489

2017-S764 (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.

2017-S764 (ACTIVE) - Sponsor Memo

2017-S764 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    764
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00455-01-7

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.