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NY S01261

Bill

Status

Passed

12/19/2025

Primary Sponsor

Liz Krueger

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Reduces the required separation period for divorce from one year to six months when spouses have lived 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 party to state this under oath

  • Requires all economic and custody issues to be resolved before a no-fault separation action can proceed, including spousal support, child support, counsel fees, and custody/visitation arrangements

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

  • Takes effect 60 days after becoming law and applies only to matrimonial actions commenced on or after that 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

APPROVAL MEMO.54

12/19/2025

Committee Referrals

Judiciary3/5/2025
Judiciary1/8/2025

Full Bill Text

No bill text available