Assembly Bill A7242B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7242--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE, BYRNES, GLICK, SIMON, BORES, DAVILA,
   LEVENBERG -- read once and referred to the Committee on  Judiciary  --
   recommitted  to the Committee on Judiciary in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
   2 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee
 
 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.    Subdivisions  5  and  6  of section 170 of the domestic
 relations law, subdivision 5 as amended by chapter 835 of  the  laws  of
 1970,  subdivision  6 as amended by chapter 801 of the laws of 1971, are
 amended to read as follows:
   (5) The husband and wife have lived apart  pursuant  to  a  decree  or
 judgment of separation for a period of [one or more years] SIX MONTHS OR
 MORE  after  the  granting  of such decree or judgment, and satisfactory
 proof has been submitted by the plaintiff that [he or she]  SUCH  PLAIN-
 TIFF  has  substantially  performed all the terms and conditions of such
 decree or judgment.
   (6) The husband and wife have lived separate and apart pursuant  to  a
 written  agreement  of separation, subscribed by the parties thereto and
 acknowledged or proved in the form required to  entitle  a  deed  to  be
 recorded,  for  a period of [one or more years] SIX MONTHS OR MORE after
 the execution of such agreement and satisfactory proof has been  submit-
 ted  by  the plaintiff that [he or she] SUCH PLAINTIFF has substantially
 performed all the terms and conditions of such agreement. Such agreement
 shall be filed in the office of the clerk of the county  wherein  either
 party  resides.  In  lieu of filing such agreement, either party to such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03954-04-4
              

 A. 7242--B                          2
 
 agreement may file a memorandum  of  such  agreement,  which  memorandum
 shall  be  similarly  subscribed  and  acknowledged or proved as was the
 agreement of separation and shall contain the following information: (a)
 the names and addresses of each of the parties, (b) the date of marriage
 of  the parties, (c) the date of the agreement of separation and (d) the
 date of this subscription and acknowledgment or proof of such  agreement
 of separation.
   § 2.  Section 200 of the domestic relations law is amended by adding a
 new subdivision 6 to read as follows:
   6.  THE RELATIONSHIP BETWEEN THE SPOUSES HAS BROKEN DOWN IRRETRIEVABLY
 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  VISI-
 TATION  WITH  THE  INFANT CHILDREN OF THE MARRIAGE HAVE BEEN RESOLVED BY
 THE PARTIES, OR DETERMINED  BY  THE  COURT  AND  INCORPORATED  INTO  THE
 ACTION.
   §  3.  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.