A 3392: 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.
The bill aims to allow for no-fault separation in New York State. It amends the Domestic Relations Law to permit couples to separate after living apart for at least six months, without needing to prove fault or irreconcilable differences. The law requires couples to demonstrate substantial performance of the terms of their separation agreement or decree. The agreement must be filed with the county clerk or a memorandum of the agreement can be filed, containing essential information about the parties and the agreement. The relationship must have broken down irretrievably for at least six months for a separation action to be maintained. Economic issues, including spousal support and child support, must be resolved before a separation action can proceed. The bill takes effect six months after it becomes a law and applies to matrimonial actions commenced on or after that date.
| Mar. 24, 2025 | substituted by s1261a |
| Mar. 20, 2025 | advanced to third reading cal.65 |
| Mar. 18, 2025 | reported |
| Mar. 12, 2025 | amend and recommit to judiciary |
| Mar. 12, 2025 | print number 3392a |
STATE OF NEW YORK ________________________________________________________________________ 3392 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. LAVINE, BORES, DAVILA, GLICK, LEVENBERG, SIMON -- read once and referred to the Committee on Judiciary 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: 1 Section 1. Section 200 of the domestic relations law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. The relationship between the spouses has broken down irretrievably 4 for a period of at least six months, provided that one party has so 5 stated under oath. No action for separation shall be maintained under 6 this subdivision unless and until the economic issues of the payment or 7 waiver of spousal support, the payment of child support, the payment of 8 counsel and experts' fees and expenses as well as the custody and visi- 9 tation with the infant children of the marriage have been resolved by 10 the parties, or determined by the court and incorporated into the 11 action. 12 § 2. This act shall take effect on the sixtieth day after it shall 13 have become a law and shall apply to matrimonial actions commenced on or 14 after such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03731-02-5