Allows for no fault separation, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1261--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  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  and  subdivision  6 as amended by chapter 801 of the laws of 1971,
 are amended to read as follows:
   (5) The [husband and wife] SPOUSES 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 satis-
 factory  proof has been submitted by the plaintiff that [he or she] SUCH
 PLAINTIFF has substantially performed all the terms  and  conditions  of
 such decree or judgment.
   (6)  The  [husband  and  wife]  SPOUSES  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  submitted  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 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 informa-
 tion:  (a)  the names and addresses of each of the parties, (b) the date
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03731-03-5
 S. 1261--A                          2
 
 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.