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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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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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

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