Relates to automatic orders in matrimonial actions, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8299
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE  --  (at request of the Unified Court
   System) -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the domestic relations law,  in  relation  to  automatic
   orders in matrimonial actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph b of  subdivision  2  of
 part B of section 236 of the domestic relations law, as added by chapter
 72  of the laws of 2009, is amended and a new subparagraph 6 is added to
 read as follows:
   With respect to matrimonial actions which commence  on  or  after  the
 effective date of this paragraph, the plaintiff shall cause to be served
 upon the defendant, simultaneous with the service of the summons, a copy
 of  the  automatic  orders  set  forth  in this paragraph. The automatic
 orders shall TAKE EFFECT AND be binding upon the plaintiff in a matrimo-
 nial action immediately upon the filing of the summons, or  summons  and
 complaint,  and SHALL BE BINDING upon the defendant immediately upon the
 service of the automatic orders with the summons. [The]  EACH  automatic
 [orders] ORDER shall remain in full force and effect [during the penden-
 cy  of  the  action,]  UNTIL  THE  JUDGMENT OF DIVORCE IS ENTERED OR THE
 ACTION IS DISMISSED,  DISCONTINUED  OR  STAYED,  WHICHEVER  SHALL  OCCUR
 FIRST,  unless  THE  ORDER IS terminated, modified or amended by further
 order of the court upon motion of either of the parties or upon  written
 agreement  between the parties duly executed and acknowledged. The auto-
 matic orders are as follows:
   (6) IF EITHER PARTY RECEIVES NOTICE OF A TAX LIEN, FORECLOSURE,  BANK-
 RUPTCY,  OR  LITIGATION,  OR  THE FILING OF SAME, OR OF THE LIFTING OF A
 STAY IN BANKRUPTCY, THAT COULD ADVERSELY AFFECT THE MARITAL ESTATE, THAT
 PARTY SHALL, WITHIN TEN DAYS AFTER RECEIVING SUCH NOTICE,  SEND  WRITTEN
 NOTICE OF SUCH EVENT TO THE OTHER PARTY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08998-01-5