N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. B, Matrimonial judgments

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Current through Register Vol. 46, No. 53, December 31, 2024

Matrimonial judgments

MATRIMONIAL JUDGMENTS

Title

Nature of Action Divorce

The plaintiff having brought this action for a judgment of absolute divorce by

reason of ________

(Insert one or more of the following grounds:)

[*] the cruel and inhuman treatment of the plaintiff by the defendant

[*] the abandonment of the plaintiff by the defendant for a period of one or more years

[*] the confinement of defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant

[*] the commission by the defendant of adultery

[*] the plaintiff and defendant having lived apart after the granting of a judgment of separation for a period of one or more years

[*] the plaintiff and defendant having lived separate and apart pursuant to a written agreement for a period of one or more years

Nature of Action-Separation

The plaintiff having brought this action for a judgment of separation by reason of ________

(Insert one or more of the following grounds:)

[*] the cruel and inhuman treatment of the plaintiff by the defendant

[*] the abandonment of the plaintiff by the defendant

[*] the neglect or refusal of defendant to provide for plaintiff

[*] the commission by defendant of adultery

[*] the confinement of defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant

Nature of Action Annulment

The plaintiff having brought this action for a judgment of annulment by reason of the fraud of the defendant in inducing the marriage

(For other grounds, see section 140, Domestic Relations Law.)

Nature of Action Declaration of the Nullity of a Void Marriage

The plaintiff having brought this action for a judgment declaring the nullity of (his) (her) marriage to the defendant by reason of the prior subsisting marriage of the defendant

Service of Process

and the summons bearing the notation ("Action for a Divorce") ("Action for a Separation") ("Action to Annul a Marriage")("Action to Declare the Nullity of a Void Marriage") and a statement of any ancillary relief demanded having been duly served upon the defendant (personally within this State) (personally without this State by publication)

Defendant's Non-Appearance

and the defendant not having appeared within the time prescribed therefor by statute, and it appearing from (nonmilitary affidavit) (testimony given in open court) that the defendant is not in the military service of the United States

Defendant's Appearance and Non-Answer

and the defendant having appeared by ________, Esq., and plaintiff's verified complaint having been duly served upon the attorney for defendant and the defendant not having answered although the time to do so has fully expired

Defendant's Appearance, Answer and Withdrawal of Answer

and the defendant having appeared by ________, Esq., and plaintiff's verified complaint having been duly served upon the attorney for defendant and the defendant having answered the complaint and having thereafter (by written stipulation) (in open court) withdrawn (his) (her) answer

Defendant's Appearance and Answer Contested Action

and the defendant having appeared by ________, Esq., and plaintiff's verified complaint having been duly served upon the attorney for defendant and defendant having answered the complaint

Inquest Held

and the plaintiff having applied (if defendant has appeared, insert: on due notice to defendant's attorney) to the court for judgment for the relief demanded in the complaint and the matter having been set down for trial on the ________ day of ________, 19 ________, and the plaintiff having on that day appeared before me and presented written and oral proof of service and in support of the essential allegations of the complaint, and such proof having been heard and considered by me, I decide and find as stated in the separate FINDINGS OF FACT AND CONCLUSIONS OF LAW of even date herewith

Contested Trial Non-Jury

and the matter having come on for trial before me on the following days: ________; and the parties having appeared before me and presented their written and oral proof, and the court having made and filed its memorandum decision dated ________

Contested Trial Jury

and the matter having come on before the undersigned and a jury on the following days: ________; and the parties having presented their written and oral proof before the court and jury, and the jury having been instructed to answer each of the following questions "Yes" or "No":

1. ____________

2. ____________

and having, after due deliberation, made written answers to said questions as follows:

Question 1 ________; Question 2________

NOW, on motion of ________, Esq., attorney for the (plaintiff) (defendant), it is

Adjudged that the marriage between ________

________, plaintiff, and

________, defendant, is

dissolved by reason of ________

(e) All pleadings, briefs or memor and a which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production.

Separation

Adjudged that ________, plaintiff, be and (s)he hereby is separated from the bed and board of ________, defendant, by reason of ________

Annulment

Adjudged that the marriage contract heretofore existing between ________, plaintiff, and ________, defendant, is annulled because of the fraud of the defendant; and it is further

Declaration of Nullity of Void Marriage

Adjudged that the marriage entered into between ________, plaintiff, and ________, defendant, on the ________ day of ________, 19 ________, is declared null and void because of the prior subsisting marriage of the defendant; and it is further

Custody of Children

Adjudged that (plaintiff) (defendant) is awarded custody of the infant issue of the marriage, to wit:

________, born ________, 19 ________

________, born ________, 19________

________, born ________, 19________;

and it is further

Visitation

Ordered and Adjudged that (plaintiff) (defendant) may have visitation with the ________ (number) infant children away from the custodial residence during the following periods:

(a) on Saturday or Sunday of each week between the hours of ________ a.m. and ________ p.m., provided (defendant) (plaintiff) shall notify (defendant) (plaintiff) not later than Wednesday of each week of the day selected;

(b) on the following holiday days, between the hours of ________ a.m. and ________ p.m., in odd-numbered years ________

(c) on the following holiday days between the hours of ________ a.m. and ________ p.m. in even-numbered years ________

(d) for a period of ________ consecutive calendar weeks during the summer recess from school beginning on Sunday of the first week selected, provided (defendant) (plaintiff) shall notify (plaintiff) (defendant) not later than June 10th in each year of the particular weeks selected; and it is further

Family Court Order Continued

Ordered and Adjudged that the order made the ________ day of ________, 19 ________, by the Family Court of the State of New York, County of ________, in the proceeding bearing Docket number ________, is continued, and a copy of this judgment shall be served by plaintiff's attorney upon the Clerk of said Court within 10 days after the date hereof; and it is further

Findings as to Pro Rata Share

and it is further Adjudged that:

(a) The basic child support obligation in this case is $ ________ per ________; [plus, if applicable, expenses for child care, health care not covered by insurance, and educational or other extraordinary expenses]; and

[FN1](b) The non-custodial parent's pro rata share of the basic child support obligation is neither unjust nor inappropriate.

[FN2](b) Upon consideration of the following factors specified in § 240(1- b)(f):

the non-custodial parent's pro rata share of the basic child support obligation is unjust or inappropriate in that:

[FN3](b) The parties have voluntarily agreed to child support for the child(ren)[names] payable by ________ to ________ in the amount of $ ________ per ________, such stipulation reciting, in compliance with D.R.L. § 240(1-b);

The parties have been advised of the provisions of D.R.L. § 240(1-b);

The unrepresented party, if any, has received a copy of the child support standards chart promulgated by the commissioner of Social Services pursuant to Social Services Law § 111-i;

The basic child support obligation as defined in D.R.L. § 240(1-b) presumptively results in the correct amount of child support to be awarded;

The basic child support obligation in this case is $ ________ per ________ [plus, if applicable, expenses for child care health care, not covered by insurance, and educational or other extraordinary expenses]; and

[FN4](c) The amount of child support agreed to therein conforms to the basic child support obligation.

[FN5](c) The amount of child support agreed to therein deviates from the basic child support obligation, for the following reasons:

And the Court having found the parties' agreement to deviate from the basic child support obligation is approved for the following reasons: [See D.R.L. § 240(1-b)(f)]

and it is further

Maintenance and Child Support Payable to (Plaintiff) (Defendant) Only

Ordered and Adjudged that the defendant shall pay to (the plaintiff) (third party ________) by check or money order drawn to (his) (her) order and forwarded on ________ (day) of each week commencing with ________ (date), 19 ________, the first (date) after the date of this judgment, to (the plaintiff) (third party ________) at (his) (her) residence or at such other place as (he) (she) may designate in writing, the sum of $ ________ per week as maintenance, plus the sum of $ ________ per week per child for the support of the children, making a total sum of $ ________ per week, which total sum is inclusive of all obligations of defendant for the support and maintenance of plaintiff and the children except extraordinary medical or dental expense

Exclusive Possession of Real Property

Ordered and Adjudged that (plaintiff) (defendant) is awarded exclusive possession of the marital premises, to wit: ________

( Set forth either street address, or if there is no street number, the metes and bounds description.)

until the youngest child is 21, or sooner emancipated, and (plaintiff) (defendant) shall within ________ days after service upon (him) (her) of a copy of this judgment with notice of entry remove (himself)(herself) therefrom, and upon proof by affidavit of (plaintiff)(defendant) and (his)(her) attorney of (defendant's)(plaintiff's) failure to remove from said premises within the time herein provided, a writ of assistance shall issue without further notice to (defendant) (plaintiff); and it is further

Equitable Distribution

Ordered and Adjudged that the marital property shall be distributed as follows: ________

Counsel Fee

Ordered and Adjudged that the defendant shall pay to the plaintiff, by check or money order, forwarded to (him) (her) at (his) (her) (residence) (the office of (his) (her) attorney) within ________ days after service upon him of a copy of this judgment with notice of entry, as and for counsel fee and expenses, the sum of $ ________; and it is further

Separation Agreement or Stipulation

Ordered and Adjudged that the (separation agreement) (stipulation) entered into between the parties on the ________ day of ________, 19 ________, a copy of which is attached to and incorporated in this judgment by reference, shall (not survive and shall be merged) (survive and shall not be merged) in this judgment, and the parties hereby are directed to comply with every legally enforceable term and provision of such (separation agreement) (stipulation) including any provision to submit an appropriate issue to arbitration before a single arbitrator, as if such term or provision were set forth in its entirety herein, and the court retains jurisdiction of the matter concurrently with the Family Court for the purpose of specifically enforcing such of the provisions of that (separation agreement) (stipulation) as are capable of specific enforcement, to the extent permitted by law, and of making such further judgment with respect to maintenance, support, custody or visitation as it finds appropriate under Resume Prior Surname

Ordered and Adjudged that (plaintiff) (defendant) is authorized to resume the use of her maiden name or other former surname, to wit: ________

________; and it is further

Money Judgment for Arrears

Ordered and Adjudged that plaintiff, ________, residing at ________, recover from ________, residing at ________, the sum of $ ________, as arrears due under the order of this court (Family Court, ________ County), dated ________, 19 ________, and that plaintiff have execution therefor.

______

Signature

ENTER (IN ________ COUNTY)

Justice Supreme Court

[FN1] Only one of the three alternative subparagraphs (b) will be appropriate in each case; delete the inapplicable paragraphs.

[FN2] Only one of the three alternative subparagraphs (b) will be appropriate in each case; delete the inapplicable paragraphs.

[FN3] Only one of the three alternative subparagraphs (b) will be appropriate in each case; delete the inapplicable paragraphs.

[FN4] Only one of the two subparagraphs (c) will be appropriate to the agreement or stipulation; delete the inapplicable provisions.

[FN5] Only one of the two subparagraphs (c) will be appropriate to the agreement or stipulation; delete the inapplicable provisions.

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. B, Matrimonial judgments