Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
signed chap.447 |
Nov 10, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to assembly passed senate substituted for s5190 |
Jun 15, 2015 |
substituted by a7221 |
May 18, 2015 |
advanced to third reading |
May 13, 2015 |
2nd report cal. |
May 12, 2015 |
1st report cal.591 |
May 06, 2015 |
referred to judiciary |
Senate Bill S5190
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7221 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S5190 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7221
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §237, Dom Rel L
2015-S5190 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5190 TITLE OF BILL: An act to amend the domestic relations law, in relation to counsel fees and expenses in matrimonial actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Matrimonial Practice Advisory and Rules Committee. In its Report to the Chief Judge of the State of New York dated February 26, 2006, the former Matrimonial Commission chaired by the Hon. Sondra Miller (who serves as Honorary Chair of the present Advisory Committee), recommended an amendment to D R.L. § 237 to make clear that indigent pro se litigants may make an application for an award of fees necessary to obtain counsel without the formal requirement of an affidavit detailing fee arrangements with counsel, provided proof has been submitted of an inability to afford counsel.* Although the Second Department in the seminal opinion of Prichep v Prichep, 52 A.D.3d 61 (App. Div. 2008, Prudenti, P.J.), suggests that an affidavit by unrepresented litigants detailing fee arrangements with counsel ought not to be required by courts, unrepresented litigants may not be aware of case law and may be intimidated by the requirement. We recommend that the statute be amended to eliminate any doubt and to codify the requirements of Prichep on a statewide basis. The purpose of the statute, to ensure that each party will be adequately represented, should not be thwarted by unnecessary
2015-S5190 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5190 2015-2016 Regular Sessions I N S E N A T E May 6, 2015 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 counsel fees and expenses in matrimonial actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 237 of the domestic relations law, as amended by chapter 329 of the laws of 2010, is amended to read as follows: (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to declare the validity or nullity of a judgment of divorce rendered against a spouse who was the defendant in any action outside the State of New York and did not appear therein where such spouse asserts the nullity of such foreign judgment, (5) to obtain main- tenance or distribution of property following a foreign judgment of divorce, or (6) to enjoin the prosecution in any other jurisdiction of an action for a divorce, the court may direct either spouse or, where an action for annulment is maintained after the death of a spouse, may direct the person or persons maintaining the action, to pay counsel fees and fees and expenses of experts directly to the attorney of the other spouse to enable the other party to carry on or defend the action or proceeding as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties. There shall be A rebuttable presumption that counsel fees shall be awarded to the less monied spouse. In exercising the court's discretion, the court shall seek to assure that each party shall be adequately represented and that where fees and expenses are to be awarded, they shall be awarded on a timely basis, pendente lite, so as to enable adequate representation from the commencement of the proceeding. Appli- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09886-02-5
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