New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter III - Supreme And County Court Forms › Subchapter B - Forms Authorized By Section 202.50(b) › Matrimonial judgments

Current through Register Vol. 46, No. 28, July
				  10, 2024
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 ________
(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.
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 ________
(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.
(c) on the following
				  holiday days between the hours of ________ a.m. and ________ p.m. in
				  even-numbered years ________
(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.
(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.
OR
[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:
OR
[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.
OR
[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
(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.
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: ________
(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.
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.