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NY A03392

Bill

Status

Introduced

1/27/2025

Primary Sponsor

Charles Lavine

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Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Reduces the required separation period from one year to six months for spouses seeking divorce after living apart pursuant to a separation decree/judgment or written separation agreement

  • Creates a new "no-fault" ground for legal separation when the relationship has broken down irretrievably for at least six months, requiring only one spouse's sworn statement

  • Requires that economic issues (spousal support, child support, counsel fees) and custody/visitation matters be resolved by the parties or court before a no-fault separation action can proceed

  • Updates gendered language in existing law, replacing "husband and wife" with "spouses" and "he or she" with "such plaintiff"

  • Takes effect 60 days after becoming law and applies to matrimonial actions commenced on or after the effective date

Legislative Description

Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.

Last Action

substituted by s1261a

3/24/2025

Committee Referrals

Judiciary1/27/2025

Full Bill Text

No bill text available