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) › Referee's report - findings of fact and conclusions of law

Current through Register Vol. 46, No. 28, July
				  10, 2024
REFEREE'S REPORT - FINDINGS OF FACT
AND CONCLUSIONS OF LAW
SUPREME COURT OF THE
STATE OF NEW YORK
COUNTY OF ________
TITLE OF ACTION ________
Cal.No. ________
Index No. ________
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 follows:
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
					 ________:
Age of Parties - No Guardian Needed
FIRST: That plaintiff and defendant were
					 both over the age of 18 when this action was commenced.
Age of Parties - Under-age Party
FIRST: That (plaintiff) (defendant) was over
					 the age of 18 years when this action commenced and (defendant) (plaintiff) was
					 then and now is under 18, to wit: ________ years of age and appears herein by
					 ________, (parent and natural guardian) (duly appointed as guardian by order
					 dated ________, 19 ________).
Residence - One Year
SECOND: That at the time of the commencement
					 of this action and for a continuous period of at least one year immediately
					 preceding such commencement, (plaintiff)(defendant) resided in this State and
					 (the parties were married in the State) (the parties have resided in this State
					 as husband and wife) (the cause occurred in this State).
Residence - Two Years
SECOND: That for a continuous period of at
					 least two years immediately preceding commencement of this action, (plaintiff)
					 (defendant) resided in this State.
Residence - No Required Time
SECOND: That at the time of the commencement
					 of this action both plaintiff and defendant resided in this State and the cause
					 occurred in this State.
Marriage
THIRD: That plaintiff and defendant were
					 married on ________, 19 ________, in ________.
No Children
FOURTH: That there is no issue of this
					 marriage.
Children
FOURTH: That there are ________ children
					 (born of) (adopted by) the parties to this marriage, whose names and dates of
					 birth are as follows:
____________
____________
Cruelty
FIFTH: That at the following times, none of
					 which is earlier than five years before the date of commencement of this
					 action, defendant committed the following acts which endangered the plaintiff's
					 (physical) (mental) (physical and mental) well-being, and rendered it (unsafe)
					 (improper) (unsafe and improper) for plaintiff to continue to reside with
					 defendant.
____________
____________
( Spell out in letter subparagraphs, the
					 acts or omissions to act for which there is proof in the minutes.)
Abandonment
FIFTH: That the defendant without cause or
					 justification and without plaintiff's consent on the ________ day of ________,
					 19 ________, abandoned plaintiff with intent not to return and has been
					 willfully and continuously absent from the home of the parties since
____________
____________
(in divorce actions, add: for a period of
					 one year prior to the commencement of this action
Confinement to Prison
FIFTH:
(a) That after the marriage of plaintiff and
				  defendant, defendant was confined in prison for a period of three or more
				  consecutive years, to wit: that defendant was confined inprison on the ________
				  day of ________, 19 ________, and remained confined until the ________ day of
				  ________, 19 ________; and
(b) not
				  more than five years elapsed between the date the cause of action arose and the
				  date of commencement of this action.
Adultery
FIFTH:
(a) That on the ________day of ________, 19
				  ________, at premises ________, the defendant committed adultery with ________;
				  and
(b) not more than five years
				  elapsed between the date of said adultery and the date of commencement of this
				  action.
Neglect to Support
FIFTH:
(a) That defendant has (neglected) (refused)
				  to provide for the support of plaintiff since the ________ day of ________, 19
				  ________, and has not done so; and
(b) not more than five years elapsed between
				  the date the cause of action arose and the date of commencement of this action.
Living Apart under Separation Decree
FIFTH:
(a) That a judgment separating the parties
				  was entered on the ________ day of ________, 19 ________, by the ________ Court
				  of the State of ________; and
(b)
				  that the parties have lived apart pursuant to said judgment for a period of one
				  year after the granting of such judgment; and
(c) that the plaintiff has substantially
				  performed all the terms and conditions of such judgment.
Living Apart Under Separation
					 Agreement
FIFTH:
(a) That the plaintiff and defendant entered
				  into a written agreement of separation, which they subscribed and acknowledged
				  on the ________ day of ________, 19 ________, in the form required to entitle a
				  deed to be recorded; and
(b) that
				  the (agreement) (a memorandum of said agreement) was filed in the office of the
				  Clerk of the County of ________, wherein (plaintiff) (defendant) resides, on
				  the ________ day of ________, 19 ________; and
(c) that the parties have lived separate and
				  apart for a period of one year after the execution of said agreement;
				  and
(d) that the plaintiff has
				  substantially performed all the terms and conditions of such
				  agreement.
Annulment for Fraud
FIFTH:
(a) That prior to the marriage of the parties
				  the defendant represented to plaintiff that
____________
____________
(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.
(b) that said
				  representation was false; and
(c)
				  that said representation was made to induce plaintiff to enter into the
				  marriage; and
(d) that plaintiff
				  believed and relied upon said representation, and would not have entered into
				  the marriage had the representation not been made or had plaintiff known that
				  defendant did not intend to ________
(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.
(e) that defendant after
				  the marriage refused to ________
(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.
(f) that plaintiff has not
				  cohabited with defendant since discovery of the falsity of the representation;
				  and
(g) that three years have not
				  elapsed since discovery of the facts constituting the fraud.
(For other grounds see section 140, Domestic
					 Relations Law.)
Declaration of Nullity of Void
					 Marriage
FIFTH:
(a) That prior to the marriage to plaintiff
				  and on the day of ________, 19 ________, defendant married ________ (name) in
				  ________ (place); and
(b) that on
				  the date of the marriage of plaintiff and defendant the marriage between
				  defendant and ________ (name) had not been terminated by the judgment of any
				  court; and
(c) on the date of the
				  marriage of plaintiff and defendant, defendant's prior spouse was alive and the
				  prior marriage of defendant was valid and subsisting.
Arrears Due Under Temporary Order
SIXTH:
(a) That by order of this court (or: by order
				  of the Family Court, ________ County) dated the ________ day of ________, 19
				  ________, defendant was required to pay to plaintiff as and for maintenance and
				  child support, the sum of $ ________ per week, and as counsel fee, the sum of $
				  ________; and
(b) that there became
				  due under said order through the week of ________, 19 ________, the total sum
				  of $ ________, no part of which has been paid except $ ________; and
(c) that defendant is in arrears under said
				  order in the total sum of $ ________ for said period.
Separate and Marital Property
SEVENTH:
(a) That the following is separate property
				  owned by plaintiff: ________; and
(b) that the following is separate property
				  owned by defendant: ________; and
(c) that the following is marital property to
				  be disposed of equitably pursuant to Domestic Relations Law, section
				  236B(5):
____________
____________
(List findings required under Domestic
					 Relations Law, section 236B[5][d] [1]- [10].)
Custody
EIGHTH: That the children of the marriage
					 now reside with (plaintiff) (defendant).
Visitation
NINTH: That the (plaintiff) (defendant) is
					 entitled to visitation with the infant child(ren) away from the custodial
					 residence.
Exclusive Occupancy
TENTH: That the parties hereto are the
					 owners of premises known as ________
(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.
Maintenance (pursuant to Domestic Relations
					 Law, section 236B[6])
ELEVENTH:
(a) That plaintiff is (not) employed and is
				  earning $ ________ (net) per week; and
(b) that defendant is (not) employed and is
				  earning $ ________ (net) per week; and
(c) that (plaintiff) (defendant) now receives
				  $ ________ per ________ pursuant to an outstanding Court order.
(d) that (plaintiff) (defendant) requires $
				  ________ per week for maintenance; and
(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.
(e) that the parties have
				  entered into (a stipulation) (or/and agreement) dated ________, wherein
				  (plaintiff) (defendant) agrees to accept and (plaintiff) (defendant) agrees to
				  pay $ ________ per week as maintenance and $ ________ per week per child as and
				  for child support. That the terms of the agreement were fair and reasonable at
				  the time of the making of the agreement and are not unconscionable at the time
				  of the entry of judgment herein.
(f) Neither of the parties seeks equitable
				  distribution of the marital property.
Child Support
TWELFTH:
(a) The award of child support in accordance
				  with D.R.L. § 240(1-b) is based on the following findings:
the children of the marriage entitled to
					 receive parental support are: [state names and dates of birth];
the income of the plaintiff, who is the
					 (custodial) (non-custodial) parent, is $ ________ per year;
the income of the defendant, who is the
					 (custodial) (non-custodial) parent, is $ ________ year;
the applicable child support percentage is
					 ________%;
the basic child support obligation is $
					 ________ per (week) (month) [plus, if applicable, expenses for child care,
					 health care not covered by insurance, and educational or other extraordinary
					 expenses];
The non-custodial parent's pro rata share of
					 the basic child support obligation is calculated as follows:
a. $ ________ per (week) (month) representing
				  ________% of the combined parental income under $80,000 per year;
				  plus
b. $ ________ per (week)
				  (month) representing ________% of the combined parental income over $80,000 per
				  year;
c. ________% of future
				  reasonable health care expenses not covered by insurance; [delete if
				  inapplicable]
d. ________% of the
				  reasonable child care expenses; [delete if inapplicable]
e. ________% of educational or other
				  extraordinary expenses; [delete if inapplicable]
[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 Section
					 240
					 (1-b)(f) of the Domestic Relations
					 Law:
the non-custodial pro rata share of the
					 basic child support obligation is unjust or inappropriate in that:
OR
[FN3] (b) The parties have entered into a
					 (stipulation) (agreement) dated ________ wherein (plaintiff) (defendant) agrees
					 to pay $ ________ per (week) (month) for child support, such (stipulation)
					 (agreement) reciting, in compliance with D.R.L. § 240(1-b)(h),
					 that:
The parties have been advised of the
					 provisions of Section
					 240
					 (1-b) of the Domestic Relations Law;
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 DRL Section 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, and the parties'
					 reasons for not providing that amount are;
____________
____________
____________;
And the court having found the parties'
					 agreement to deviate from the basic child support obligation is approved for
					 the following reasons: [See DRL § 240(1-b)(f)]
Counsel Fees
THIRTEENTH: That the attorney for the
					 (plaintiff) (defendant) is entitled to counsel fees.
Jurisdiction Obtained
FOURTEENTH: That jurisdiction as required by
					 section
					 230 of
					 the Domestic Relations Law has been obtained.
FIFTEENTH: That plaintiff has filed a
					 verified statement that (he) (she) has taken all steps solely within (his)
					 (her) power to remove all barriers to defendant's remarriage following the
					 (annulment) (divorce).
Plaintiff Entitled to Judgment
SIXTEENTH: That plaintiff is entitled to
					 judgment (of divorce) (of separation) (of annulment) (declaring the nullity of
					 the marriage) and granting the incidental relief awarded (herein) (in the
					 JUDGMENT signed this date)
Dated ________: New York, New York
________ day of ________, 19
					 ________.
Referee
[FN1] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN2] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN3] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN4] Only one of the two alternative
					 subparagraphs (c) will be appropriate; delete the inapplicable
					 provisions.
[FN5] Only one of the two alternative
					 subparagraphs (c) will be appropriate; delete the inapplicable
					 provisions.