Sets the effectiveness and duration of automatic orders in matrimonial actions.
Summary
This bill amends New York’s Domestic Relations Law provisions governing automatic orders in matrimonial actions. It clarifies when those orders become effective: they would bind the plaintiff upon filing of the summons or summons and complaint, and bind the defendant upon service of the summons together with the automatic orders. The bill also changes the duration of the orders so that each order remains in effect until the divorce judgment is entered, or until the action is dismissed, discontinued, or stayed, unless a court later modifies the order or the parties agree in writing to change it.
The bill adds a new automatic order requiring a party who receives notice of a tax lien, foreclosure, bankruptcy, litigation, or the lifting of a bankruptcy stay that could adversely affect the marital estate to notify the other party in writing within ten days. The stated purpose is to ensure timely disclosure of events that may affect marital assets and liabilities during the pendency of a matrimonial case.
Impact
The bill would amend section 236 of the Domestic Relations Law, specifically the automatic orders that apply in divorce and other matrimonial proceedings. It would expand and clarify the scope of those orders by setting a more precise start and end point for their enforceability and by adding a mandatory notice obligation for financial or legal events affecting the marital estate. Parties to matrimonial actions, their attorneys, and the courts would be affected, particularly in cases involving asset preservation, debt, foreclosure, bankruptcy, or related litigation.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears procedural and administrative rather than controversial. Its framing suggests support for clearer court rules and better protection of marital assets during divorce proceedings. No opposing viewpoints are documented in the provided materials, so the available record indicates a neutral-to-positive posture toward the bill.
Contention
The main point of potential contention is the added disclosure burden on divorcing parties, who would be required to monitor and promptly report tax liens, foreclosures, bankruptcy filings, litigation, and bankruptcy stay changes within ten days. Another possible issue is the extension and clarification of automatic orders through the end of the case, which may be viewed as increasing restrictions or obligations during matrimonial litigation. No specific objections or supporters are identified in the provided context.
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.