New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.50 - Proposed Judgments in Matrimonial Actions; Forms

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Form of judgments. Findings and
				  conclusions shall be in a separate paper from the judgment, which papers shall
				  be labelled "FINDINGS OF FACT AND CONCLUSIONS OF LAW" and "JUDGMENT,"
				  respectively.
(b) Approved Forms
(1) Contested actions. The
				  paragraphs contained in Chapter III, Subchapter B of Subtitle D (Forms) of this
				  Title, modified or deleted as may be necessary to conform to the law and facts
				  in a particular action, shall be used in the preparation of " FINDINGS OF FACT
				  AND CONCLUSIONS OF LAW," "JUDGMENT," or "REFEREE'S REPORT OF FINDINGS OF FACT
				  AND CONCLUSIONS OF LAW." Parenthesized portions indicate alternative
				  provisions.
(2)
				  Uncontested actions. Parties in uncontested matrimonial actions shall use the
				  forms in the Unified Court System Uncontested Divorce Packet as set forth in
				  section 202.21(i)(2) of
				  this Part, unless the court permits otherwise pursuant to that
				  section.
(3) Additional Requirement
				  with Respect to Uncontested and Contested Judgments of Divorce. In addition to
				  satisfying the requirements of paragraphs (1) and (2) of this subdivision,
				  every judgment of divorce, whether uncontested or contested, shall include
				  language substantially in accordance with the following decretal paragraphs
				  which shall supersede any inconsistent decretal paragraph s currently required
				  for such forms:
Fill in Box A or Box B, whichever, applies;
A. [] ORDERED AND ADJUDGED that the
				  Settlement Agreement entered into between the parties on the ___ day of
				  ___________, [] an original OR [] a transcript of which is on file with this
				  Court and incorporated herein by reference, shall survive and shall not be
				  merged into this judgment, and the parties are hereby directed to comply with
				  all legally enforceable terms and conditions of said agreement as if such terms
				  and conditions were set forth in their entirety herein;
OR
B. []
				  There is no Settlement Agreement entered between the parties; and it is further
ORDERED AND ADJUDGED, that the Supreme Court shall retain
					 jurisdiction to hear any applications to enforce the provisions of said
					 Settlement Agreement, if any, or to enforce or modify the provisions of this
					 judgment, provided 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 agreement, if any) as
					 are capable of specific enforcement. to the extent permitted by law, and of
					 modifying such judgment with respect to maintenance, support, custody or
					 visitation to the extent permitted by law, or both; and it is further
ORDERED AND ADJUDGED, that any applications brought in
					 Supreme Court to enforce the provisions of said Settlement Agreement, if any,
					 or to enforce or modify the provisions of this judgment shall be brought in a
					 County wherein one of the parties resides; provided that if there are minor
					 children of the marriage, such applications shall be brought in a county
					 wherein one of the parties or the child or children reside, except. in the
					 discretion of the judge, for good cause. Good cause applications shall be made
					 by motion or order to show cause. Where the address of either party and any
					 child or children is unknown and not a matter of public record, or is subject
					 to an existing confidentiality order pursuant to DRL § 254 or FCA §
					 154-b, such applications may be brought in the county where the judgment was
					 entered; and it is further