What's happening
This bill requires the consent of a documented domestic violence victim spouse before a no-fault divorce can be granted in New York.
Why it matters
Shifts more power to documented domestic violence survivors. by requiring their explicit consent before a no-fault divorce can proceed, potentially giving them leverage in legal and economic negotiations during divorce.
Could protect survivors from being divorced against their will. by an abusive spouse, which may help them retain certain legal or financial benefits, such as health insurance coverage or spousal support, that could be lost upon divorce.
May complicate and slow down some divorces. where domestic violence is involved, possibly leading to increased litigation or negotiation around what constitutes "documented" abuse and whether consent is being freely given.
Raises broader questions about balancing survivor safety and autonomy. while intended to protect victims, it might also inadvertently pressure some survivors to remain legally married to their abuser if they feel unable or unwilling to give consent for other reasons.
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Who cares
Headline styles
Domestic Abuse Victims Must Consent
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
764
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. LITTLE -- 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 no-fault divorce
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 170 of the domestic relations law, as added by chapter 384 of the laws of 2010, is amended to read as follows:
(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath; provided, further, where the non-petitioning spouse to the divorce action is a documented victim of domestic violence by the petitioning spouse the non-petitioning spouse must consent to the divorce in order for it to occur. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, 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 visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00455-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law, in relation to no-fault divorce
Purpose
To provide that where the non-petitioning spouse in a divorce action is a documented victim of domestic abuse such spouse must consent to the divorce.
Summary of provisions
Amends chapter 384 of the laws of 2010 with new language intended to protect victims of domestic abuse the ability to consent to the divorce.
Justification
Although in the majority of situations the no-fault divorce statute is a help to individuals trying to reach a divorce settlement in a timely fashion, there are a small number of individuals who may fall through the cracks and be adversely affected financially by the current law. This would assure that documented victims of domestic abuse would have to agree to the divorce before it could occur.
Legislative history
2015-16: S.4489 Referred to Judiciary; A.6587 Referred to Judiciary 2012: S.4989 Advanced to Third Reading, A.6992 - A Held for Consideration in Judiciary 2011: S.4989 Referred to Judiciary, A.6992-A Referred to Judiciary
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as chapter 384 of the laws of 2010 took effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.