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Assembly Bill A1128

2021-2022 Legislative Session

Allows for no fault separation

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Archive: Last Bill Status - In Assembly Committee

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2021-A1128 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8720
2023-2024: A2386, A7242
2025-2026: A3392

2021-A1128 (ACTIVE) - Summary

Allows for no fault separation.

2021-A1128 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1128
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, B. MILLER,
   SAYEGH  --  Multi-Sponsored  by -- M. of A. BLANKENBUSH, TAGUE -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to allowing  for
   no fault separation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200 of the domestic relations  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  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. NO ACTION FOR SEPARATION SHALL BE MAINTAINED
 UNDER THIS SUBDIVISION UNLESS AND  UNTIL  THE  ECONOMIC  ISSUES  OF  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 ACTION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to matrimonial actions commenced on or
 after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02811-01-1

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