S 1261: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 1261 2025-2026 Regular Sessions  IN SENATE January 8, 2025 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed 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. Subdivisions 5 and 6 of section 170 of the domestic 2 relations law, subdivision 5 as amended by chapter 835 of the laws of 3 1970, subdivision 6 as amended by chapter 801 of the laws of 1971, are 4 amended to read as follows: 5 (5) The husband and wife have lived apart pursuant to a decree or 6 judgment of separation for a period of [one or more years] six months or 7 more after the granting of such decree or judgment, and satisfactory 8 proof has been submitted by the plaintiff that [he or she] such plain- 9 tiff has substantially performed all the terms and conditions of such 10 decree or judgment. 11 (6) The husband and wife have lived separate and apart pursuant to a 12 written agreement of separation, subscribed by the parties thereto and 13 acknowledged or proved in the form required to entitle a deed to be 14 recorded, for a period of [one or more years] six months or more after 15 the execution of such agreement and satisfactory proof has been submit- 16 ted by the plaintiff that [he or she] such plaintiff has substantially 17 performed all the terms and conditions of such agreement. Such agreement 18 shall be filed in the office of the clerk of the county wherein either 19 party resides. In lieu of filing such agreement, either party to such 20 agreement may file a memorandum of such agreement, which memorandum 21 shall be similarly subscribed and acknowledged or proved as was the 22 agreement of separation and shall contain the following information: (a) 23 the names and addresses of each of the parties, (b) the date of marriage 24 of the parties, (c) the date of the agreement of separation and (d) the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03731-01-5 
 S. 1261 2 1 date of this subscription and acknowledgment or proof of such agreement 2 of separation. 3 § 2. Section 200 of the domestic relations law is amended by adding a 4 new subdivision 6 to read as follows: 5 6. The relationship between the spouses has broken down irretrievably 6 for a period of at least six months, provided that one party has so 7 stated under oath. No action for separation shall be maintained under 8 this subdivision unless and until the economic issues of the payment or 9 waiver of spousal support, the payment of child support, the payment of 10 counsel and experts' fees and expenses as well as the custody and visi- 11 tation with the infant children of the marriage have been resolved by 12 the parties, or determined by the court and incorporated into the 13 action. 14 § 3. This act shall take effect on the sixtieth day after it shall 15 have become a law and shall apply to matrimonial actions commenced on or 16 after such effective date.