Sets the effectiveness and duration of automatic orders in matrimonial actions.
Summary
A08299 amends New York’s Domestic Relations Law provisions governing automatic orders in matrimonial actions. The bill clarifies when those orders become effective and how long they remain in force: they bind the plaintiff upon filing of the summons or summons and complaint, and bind the defendant upon service of the automatic orders with the summons. It also specifies that each automatic order continues until a divorce judgment is entered, or until the action is dismissed, discontinued, or stayed, unless a court later modifies it or the parties agree in writing to change it.
The bill also adds a new automatic order requiring a party who receives notice of a tax lien, foreclosure, bankruptcy, litigation, or a lifted bankruptcy stay that could harm the marital estate to notify the other party in writing within ten days. This expands the automatic disclosure obligations in divorce cases and is aimed at preserving the value and integrity of marital assets while the case is pending. The act takes effect 60 days after becoming law.
Impact
The bill would amend section 236 of the Domestic Relations Law, which governs equitable distribution and matrimonial actions, by redefining the timing and duration of automatic orders and adding a new notice requirement tied to financial events affecting the marital estate. Practically, it affects divorcing spouses, their attorneys, and courts by making the automatic orders more explicit and by imposing a new duty to disclose potentially damaging financial developments such as liens, foreclosure, bankruptcy, and related litigation.
Sentiment
The available voting history suggests strong bipartisan support and little visible opposition. The bill passed the Assembly Judiciary Committee unanimously, cleared the Assembly Rules Committee unanimously, and passed the Assembly floor overwhelmingly. It also passed the Senate floor with a substantial majority, indicating broad agreement that the clarification and added notice requirement are useful in matrimonial practice.
Contention
There is no committee transcript indicating substantive debate, and the recorded votes show limited contention. Any potential point of discussion would likely center on the added reporting burden on parties in divorce proceedings and whether the new notice requirement is sufficiently narrow to protect the marital estate without creating unnecessary procedural obligations. However, the unanimous committee and large floor majorities suggest these concerns were not significant enough to generate organized opposition.
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Provides that when a drug is designated or rescheduled by the federal government, it shall be deemed scheduled under NYS law automatically, without further action by the commissioner.