0 chapters · 175 sections in this title.
N.Y. Domestic Relations Law § 15-B Temporary provisions authorizing issuance of marriage license, upon court order, without consent of a parent in armed forces of United St...
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* § 15-b. Temporary provisions authorizing issuance of marriage license, upon court order, without consent of a parent in armed forces of United States, merchant marine and allied forces, and absent from the United States. Notwithstanding the provisions of section fifteen of thi…
N.Y. Domestic Relations Law § 16 False statements and affidavits
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§ 16. False statements and affidavits. Any person who shall in any affidavit or statement required or provided for in this article wilfully and falsely swear in regard to any material fact as to the competency of any person for whose marriage the license in question or concernin…
N.Y. Domestic Relations Law § 17 Clergyman or officer violating article; penalty
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§ 17. Clergyman or officer violating article; penalty. If any clergyman or other person authorized by the laws of this state to perform marriage ceremonies shall solemnize or presume to solemnize any marriage between any parties without a license being presented to him or them a…
N.Y. Domestic Relations Law § 170 Action for divorce
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§ 170. Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds: (1) The cruel and inhuman treatment of the plaintiff by the defendant such that the co…
N.Y. Domestic Relations Law § 170-A Special action
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§ 170-a. Special action. a. A spouse against whom a decree of divorce has been obtained under the provisions of subdivision five or six of section one hundred seventy of this chapter, where the decree, judgment or agreement of separation was obtained or entered into prior to Jan…
N.Y. Domestic Relations Law § 171 When divorce denied, although adultery proved
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§ 171. When divorce denied, although adultery proved. In either of the following cases, the plaintiff is not entitled to a divorce, although the adultery is established: 1. Where the offense was committed by the procurement or with the connivance of the plaintiff. 2. Where the o…
N.Y. Domestic Relations Law § 172 Co-respondent as party
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§ 172. Co-respondent as party. 1. In an action brought to obtain a divorce on the ground of adultery the plaintiff or defendant may serve a copy of his pleading on a co-respondent named therein. At any time within twenty days after such service, the co-respondent may appear to d…
N.Y. Domestic Relations Law § 173 Jury trial
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§ 173. Jury trial. In an action for divorce there is a right to trial by jury of the issues of the grounds for granting the divorce.
N.Y. Domestic Relations Law § 175 Legitimacy of children
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§ 175. Legitimacy of children. 1. Where the action for divorce is brought by the wife, the legitimacy of any child of the parties, born or begotten before the commencement of the action, is not affected by the judgment dissolving the marriage. 2. Where the action for divorce is …
N.Y. Domestic Relations Law § 18 Clergymen or officer, when protected
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§ 18. Clergymen or officer, when protected. Any such clergymen or officer as aforesaid to whom any such license duly issued may come and not having personal knowledge of the incompetency of either party therein named to contract matrimony, may lawfully solemnize matrimony betwee…
N.Y. Domestic Relations Law § 19 Records to be kept by town and city clerks
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§ 19. Records to be kept by town and city clerks. 1. Each town and city clerk hereby empowered to issue marriage licenses shall keep a book supplied by the state department of health in which such clerk shall record and index such information as is required therein, which book s…
N.Y. Domestic Relations Law § 19-A Marriages on vessels; reports and records
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§ 19-a. Marriages on vessels; reports and records. The master, chief officer, ship's surgeon, or the company, corporation, charterer, or person having the management and control of any vessel which shall arrive at the port of New York, shall report, in writing, to the city clerk…
N.Y. Domestic Relations Law § 2 Definitions
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§ 2. Definitions. A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years.
N.Y. Domestic Relations Law § 20 Records to be kept by the state department of health and the city clerk of the city of New York
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§ 20. Records to be kept by the state department of health and the city clerk of the city of New York. All original affidavits, statements, consents and licenses with certificates attached, and also all written contracts of marriages outside of the city of New York shall be kept…
N.Y. Domestic Relations Law § 20-A Certified transcripts of records; state commissioner of health may furnish
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§ 20-a. Certified transcripts of records; state commissioner of health may furnish. The state commissioner of health or person authorized by him shall, upon request, supply to any applicant a certified transcript of any marriage registered under the provisions of this article, u…
N.Y. Domestic Relations Law § 20-B Certification of marriage; state commissioner of health may furnish
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§ 20-b. Certification of marriage; state commissioner of health may\nfurnish. 1. The state commissioner of health or person authorized by him\nshall, upon request, issue to any applicant a certification of any\nmarriage registered under the provisions of this article, unless he …
N.Y. Domestic Relations Law § 20-C Certification of marriage; new certificate in case of subsequent change of name or gender
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§ 20-c. Certification of marriage; new certificate in case of subsequent change of name or gender. 1. A new marriage certificate shall be issued by the town or city clerk where the marriage license and certificate was issued, upon receipt of proper proof of a change of name or g…
N.Y. Domestic Relations Law § 200 Action for separation
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§ 200. Action for separation. An action may be maintained by a husband or wife against the other party to the marriage to procure a judgment separating the parties from bed and board, forever, or for a limited time, for any of the following causes: 1. The cruel and inhuman treat…
N.Y. Domestic Relations Law § 202 Defense of justification
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§ 202. Defense of justification. The defendant in an action for separation from bed and board may set up, in justification, the misconduct of the plaintiff; and if that defense is established to the satisfaction of the court, the defendant is entitled to judgment.
N.Y. Domestic Relations Law § 203 Judgment for separation revocable
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§ 203. Judgment for separation revocable. Upon the joint application of the parties, accompanied with satisfactory evidence of their reconciliation, a judgment for a separation, forever, or for a limited period, rendered as prescribed in this article, may be revoked at any time …
N.Y. Domestic Relations Law § 21 Forms and books to be furnished
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§ 21. Forms and books to be furnished. The proper books for registration, blank forms for marriage licenses, certificates, statements and affidavits and such other blanks as shall be necessary to comply with the provisions of this article, shall be prepared by the state departme…
N.Y. Domestic Relations Law § 210 Limitations on actions for divorce and separation
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§ 210. Limitations on actions for divorce and separation. No action for divorce or separation may be maintained on a ground which arose more than five years before the date of the commencement of that action for divorce or separation except where: (a) In an action for divorce, t…
N.Y. Domestic Relations Law § 211 Pleadings, proof and motions
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§ 211. Pleadings, proof and motions. A matrimonial action shall be commenced by the filing of a summons with the notice designated in section two hundred thirty-two of this chapter, or a summons and verified complaint as provided in section three hundred four of the civil practi…
N.Y. Domestic Relations Law § 22 Penalty for violation
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§ 22. Penalty for violation. Any town or city clerk who shall violate any of the provisions of this article or shall fail to comply therewith shall be deemed guilty of a misdemeanor and shall pay a fine not exceeding the sum of one hundred dollars on conviction thereof.
N.Y. Domestic Relations Law § 220 Special proceeding to dissolve marriage on the ground of absence
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§ 220. Special proceeding to dissolve marriage on the ground of absence. A special proceeding to dissolve a marriage on the ground of absence may be maintained in either of the following cases: 1. Where the petitioner is a resident of this state and has been a resident thereof f…
N.Y. Domestic Relations Law § 221 Procedure
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§ 221. Procedure. The petition shall allege that the husband or wife of such party has absented himself or herself for five successive years then last past without being known to such party to be living during that time; that such party believes such husband or wife to be dead; …
N.Y. Domestic Relations Law § 23 Supervision of and inspection of town and city clerks' records by state commissioner of health
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§ 23. Supervision of and inspection of town and city clerks' records by state commissioner of health. The registration and recording of all marriages outside the city of New York shall be under the supervision of the state commissioner of health. The commissioner, either persona…
N.Y. Domestic Relations Law § 230 Required residence of parties
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§ 230. Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident thereof when the action is commenc…
N.Y. Domestic Relations Law § 231 Residence of married persons
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§ 231. Residence of married persons. If a married person dwells within the state when he or she commences an action against his or her spouse for divorce, annulment or separation, such person is deemed a resident thereof, although his or her spouse resides elsewhere.
N.Y. Domestic Relations Law § 232 Notice of nature of matrimonial action; proof of service
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§ 232. Notice of nature of matrimonial action; proof of service. a. In an action to annul a marriage or for divorce or for separation, if the complaint is not personally served with the summons, the summons shall have legibly written or printed upon the face thereof: "Action to …
N.Y. Domestic Relations Law § 233 Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served
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§ 233. Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served. Where in an action for divorce, separation, annulment or declaration of nullity of a void marriage it appears to the court that the defendant …
N.Y. Domestic Relations Law § 234 Title to or occupancy and possession of property
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§ 234. Title to or occupancy and possession of property. In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may (1) determine any question as to the title to property arising between the parties, and (2) make suc…
N.Y. Domestic Relations Law § 235 Information as to details of matrimonial actions or proceedings
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§ 235. Information as to details of matrimonial actions or proceedings. 1. An officer of the court with whom the proceedings in a matrimonial action or a written agreement of separation or an action or proceeding for custody, visitation or maintenance of a child are filed, or be…
N.Y. Domestic Relations Law § 236 Special controlling provisions; prior actions or proceedings; new actions or proceedings
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§ 236. Special controlling provisions; prior actions or proceedings;\nnew actions or proceedings. Except as otherwise expressly provided in\nthis section, the provisions of part A shall be controlling with respect\nto any action or proceeding commenced prior to the date on which…
N.Y. Domestic Relations Law § 237 Counsel fees and expenses
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§ 237. Counsel fees and expenses. (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to declare the validity or nullity of a judgment of divorce rendered against a sp…
N.Y. Domestic Relations Law § 238 Expenses in enforcement and modification proceedings
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§ 238. Expenses in enforcement and modification proceedings. In any action or proceeding to enforce or modify any provision of a judgment or order entered in an action for divorce, separation, annulment, declaration of nullity of a void marriage, declaration of validity or nulli…
N.Y. Domestic Relations Law § 239 Stay in divorce or separation action on default of payment
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§ 239. Stay in divorce or separation action on default of payment. In an action for divorce or separation the court or the judge thereof may refuse to grant an order to stay proceedings, where the only default is the failure of a spouse to pay alimony, maintenance or counsel fee…
N.Y. Domestic Relations Law § 24 Effect of marriage on legitimacy of children
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§ 24. Effect of marriage on legitimacy of children. 1. A child heretofore or hereafter born of parents who prior or subsequent to the birth of such child shall have entered into a civil or religious marriage, or shall have consummated a common-law marriage where such marriage is…
N.Y. Domestic Relations Law § 240 Custody and child support; orders of protection
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§ 240. Custody and child support; orders of protection. 1. (a) In any\naction or proceeding brought (1) to annul a marriage or to declare the\nnullity of a void marriage, or (2) for a separation, or (3) for a\ndivorce, or (4) to obtain, by a writ of habeas corpus or by petition …
N.Y. Domestic Relations Law § 240-A Judgment or decree; additional provision
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§ 240-a. Judgment or decree; additional provision. In any action or proceeding brought under the provisions of this chapter wherein all or part of the relief granted is divorce or annulment of a marriage any interlocutory or final judgment or decree shall contain, as a part ther…
N.Y. Domestic Relations Law § 240-B Order of support by parent
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§ 240-b. Order of support by parent. When the court makes an order of support pursuant to section two hundred forty of this article, and where permitted under federal law and where the record of the proceedings contains such information, the court shall require the social securi…
N.Y. Domestic Relations Law § 240-C Review and cost of living adjustment of child support orders
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§ 240-c. Review and cost of living adjustment of child support orders.\n1. Request. Any party to a child support order issued on behalf of a\nchild in receipt of public assistance, or child support enforcement\nservices pursuant to section one hundred eleven-g of the social serv…
N.Y. Domestic Relations Law § 240-D Support orders for certain adult dependents
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§ 240-d. Support orders for certain adult dependents. 1.\nNotwithstanding any other law, a person who would otherwise be\nchargeable under law with support of a minor child is also chargeable\nwith the support of any such individual until such individual reaches\nthe age of twen…
N.Y. Domestic Relations Law § 241 Interference with or withholding of visitation rights; alimony or maintenance suspension
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§ 241. Interference with or withholding of visitation rights; alimony or maintenance suspension. When it appears to the satisfaction of the court that a custodial parent receiving alimony or maintenance pursuant to an order, judgment or decree of a court of competent jurisdictio…
N.Y. Domestic Relations Law § 243 Security for payments by defendant in action for divorce, separation or annulment; sequestration
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§ 243. Security for payments by defendant in action for divorce, separation or annulment; sequestration. Where a judgment rendered or an order made in an action in this state for divorce, separation or annulment, or for a declaration of nullity of a void marriage, or a judgment …
N.Y. Domestic Relations Law § 244 Enforcement by execution of judgment or order in action for divorce, separation or annulment
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§ 244. Enforcement by execution of judgment or order in action for divorce, separation or annulment. Where a spouse in an action for divorce, separation or annulment, or declaration of nullity of a void marriage, or a person other than a spouse when an action for an annulment is…
N.Y. Domestic Relations Law § 244-A Enforcement of arrears which accrue during pendency of an enforcement proceeding
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§ 244-a. Enforcement of arrears which accrue during pendency of an enforcement proceeding. In any proceeding for enforcement of payment of any sum of money as required by judgment or order the party seeking enforcement may amend the papers in support of the application for enfor…
N.Y. Domestic Relations Law § 244-B Child support proceedings and enforcement of arrears; suspension of driving privileges
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§ 244-b. Child support proceedings and enforcement of arrears;\nsuspension of driving privileges.\n (a) In any proceeding for the enforcement of a direction or agreement,\nincorporated in a judgment or order, to pay any sum of money as child\nsupport or combined child and spousa…
N.Y. Domestic Relations Law § 244-C Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses
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§ 244-c. Child support proceedings and enforcement of arrears;\nsuspensions of state professional, occupational and business licenses.\n(a) In any proceeding for enforcement of a direction or agreement,\nincorporated in a judgement or order, to pay any sum of money as child\nsup…
N.Y. Domestic Relations Law § 244-D Child support proceedings and enforcement of arrears; suspension of recreational license
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§ 244-d. Child support proceedings and enforcement of arrears;\nsuspension of recreational license. (a) In any proceeding for\nenforcement of a direction or agreement, incorporated in a judgement or\norder, to pay any sum of money as child support or combined child and\nspousal …