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.
TITLE OF BILL: An act to amend the domestic relations law, in relation to no-fault divorce
PURPOSE OR GENERAL IDEA OF BILL: To provide that where the non-petitioning spouse in a divorce action is a documented victim of domestic abuse such spouse must accede to the divorce.
SUMMARY OF SPECIFIC PROVISIONS: Amends chapter 384 of the laws of 2010 with new language intended to protect victims of domestic abuse the ability to accede to the divorce.
JUSTIFICATION: Although in the majority of situations the no-fault divorce statute is a help to individuals trying to reach a divorce settlement in a timely fashion. There are a small number of individuals who may fall through the cracks and be adversely affected financially by the current law. This would assure that documented victims of domestic abuse would have to agree to the divorce before it could occur.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as chapter 384 of the laws of 2010 took effect.
STATE OF NEW YORK ________________________________________________________________________ 4989 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________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 ACCEDE 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. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as chapter 384 of the laws of 2010 took effect.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09331-03-1