No Fault Divorce Passes in NY Legislature–Awaits Gov’s Signature

A9753-A Bing (MS) Same as S 3890-A HASSELL-THOMPSON
Section 1. Section 170 of the domestic relations law is amended by
2 adding a new subdivision 7 to read as follows:
(7) The relationship between husband and wife has broken down irre-
4 trievably for a period of at least six months, provided that one party
5 has so stated under oath. No judgment of divorce shall be granted under
6 this subdivision unless and until the economic issues of equitable
7 distribution of marital property, the payment or waiver of spousal
8 support, the payment of child support, the payment of counsel and
9 experts’ fees and expenses as well as the custody and visitation with
10 the infant children of the marriage have been resolved by the parties,
11 or determined by the court and incorporated into the judgment of
12 divorce.

13 § 2. This act shall take effect on the sixtieth day after it shall
14 have become a law and and shall apply to matrimonial actions commenced
15 on or after such effective date.

EXPLANATION–Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03530-04-0

Section 1. Section 170 of the Domestic Relations Law is amended by adding subdivision 7 allowing divorce when a marriage is irretrievably broken, for a period of at least six (6) months, provided that one party has so stated under oath.

This judgment can only be granted after the following ancillary issues have been resolved: the equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and expert fees and expenses, and custody and visitation with the infant children of the marriage.

A judgment of divorce under this subdivision could not be issued until all these issues are resolved.

Section 2 establishes that this act shall take effect on the sixtieth day after it shall have become law.

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