S3890 has been passed along to Governor Patterson on August 3, 2010 which would approve Irreconcilable Differences as a ground for divorce in New York state. He has 10 days (exclusive of Sundays) within which to sign it.
The text of the proposed new law is as follows:
Section 170 of the domestic relations law is amended by adding a new subdivision 7 to read as follows:(7) THE RELATIONSHIP BETWEEN HUSBAND AND WIFE HAS BROKEN DOWN IRRE TRIEVABLY FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED THAT ONE PARTY HAS SO STATED UNDER OATH. EXCEPT UNDER EXIGENT CIRCUMSTANCES PLACED ON THE RECORD BY THE COURT, 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. S 2. This act shall take effect immediately.
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