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Assembly Bill A2386

2023-2024 Legislative Session

Allows for no fault separation

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2023-A2386 (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8720
2021-2022: A1128
2025-2026: A3392

2023-A2386 (ACTIVE) - Summary

Allows for no fault separation.

2023-A2386 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2386
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. BYRNES, DeSTEFANO, MORINELLO, SMULLEN, MILLER,
   SAYEGH, GALLAHAN, J. M. GIGLIO --  Multi-Sponsored  by  --  M.  of  A.
   BLANKENBUSH, TAGUE -- read once and referred to the Committee on Judi-
   ciary
 
 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.
                                                            LBD03954-01-3

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