SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
Date Summons Filed: [Date-summonsfiled] Plaintiff designates [County-venue] as the place of trial This basis of venue is: [Basis-venue] at [Residence-venue] |
| -against- | SUMMONS WITH NOTICE ACTION FOR A DIVORCE |
| [Defendants-name] Defendant —————————————————————–X |
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to serve a notice of appearance on the Plaintiff or if the Plaintiff is represented by an Attorney, then upon Plaintiff’s Attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below.
Dated: [Complete-date]
Plaintiff is: [Attorney-prose]
[CFRepresented-prose]
Serve Papers on Plaintiff at:
[Service-addresspapers]
[/CFRepresented-prose]
[CFRepresented-attorney]
Plaintiff’s Attorney:
[Attorney-name]
[Attorney-address]
[Attorney-city], [Attorney-state] [Attorney-zip]
[Attorney-email]
[Attorney-phonenumber]
[Attorney-faxnumber]
[/CFRepresented-attorney]
NOTICE: The nature of this action is to dissolve the marriage between the parties, on the grounds:
DRL §170(7) – irretrievable breakdown in relationship.
The relief sought is a judgment of absolute divorce in favor of the Plaintiff dissolving the marriage between the parties in this action and that the marital property to be distributed pursuant to separation agreement dated : [Separation-agrdate]
For divorces commenced on or after 1/25/16 only:
I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the “Notice”) other than what was already agreed to in the written agreement of the parties [Separation-agrdate] and any other relief the court deems fit and proper.
NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13 FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED A CONTEMPT OF COURT
PURSUANT TO the Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW §236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR §202.16(a), and which shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties:
(1) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.
(2) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court ; except that any party who is already in pay status may continue to receive such payments thereunder.
(3) ORDERED: Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney’s fees in connection with this action.
(4) ORDERED: Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.
(5) ORDERED: Neither party shall change the beneficiaries of any existing life insurance policies and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.
IMPORTANT NOTE: After service of the Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must ask the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.
NOTICE CONCERNING CONTINUATION OF HEALTH CARE COVERAGE
(Required by Section 255(1) of the Domestic Relations Law
PLEASE TAKE NOTICE that once a Judgment of Divorce is signed in this action, both you and your spouse may or may not continue to be eligible for coverage under each other’s health insurance plan, depending on the terms of the plan.
NOTICS OF GUIDELINES MAINTENANCE FOR UNCONTESTED DIVORCE
If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person
you are married to) is seeking or offering an award of “Maintenance” in this action. “Maintenance” means the amount to be paid to the other spouse for support after the divorce is final.
You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to
$178,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.
There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.
Lower Formula
1-Multiply Maintenance Payor’s Income by 20% .
2- Multiply Maintenance Payee’s Income by 25% .
Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payor’s Income from 40 % of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE
LOWER FORMULA
Higher Formula
1-Multiply Maintenance Payor’s Income by 30%
2- Multiply Maintenance Payee’s Income by 20%
Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payor’s Income from 40 % of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE
HIGHER FORMULA
*Combined Income equals Maintenance Payor’s Income up to $178,000 plus Maintenance
Payee’s Income
Note: The Court will determine how long maintenance will be paid in accordance with the statute.
(Eff. 1/25/16)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | VERIFIED COMPLAINT ACTION FOR A DIVORCE |
| [Defendants-name] Defendant —————————————————————–X |
FIRST: Plaintiff herein complaining of the Defendant, alleges that the parties are over the age of 18 years and;
SECOND: [Residing-ny]
THIRD: The Plaintiff and the Defendant were married on [Date-Marriage] in [Place-Marriage], [State-Marriage]. The marriage was performed by a: [Type-marriage].
FOURTH: I will take prior to the entry of final judgment all steps solely within my power to the best of my knowledge and ability to remove any barrier to the Defendant’s ability to remarry.
[CFNochildren]
FIFTH: There are no children of the marriage and no other children are expected.
[/CFNochildren]
[CFChildren]
FIFTH: There [Children-om] of the marriage and no other children are expected. The child(ren) have resided with the Plaintiff and Defendant for the past five years. The Name, Date of Birth, and Address of Child(ren) of the marriage are as follows:
[Children-namedobaddress]
[/CFChildren]
SIXTH: The Plaintiff resides at [Plaintiffs-res].
SEVENTH: The Defendant resides at [Defendants-res].
EIGHT: The parties are covered by the following group health plans:
| Plaintiff group plan name: | [Plaintiffs-groupplan] |
| Type of coverage: | [Plaintiff-coveragetype] |
| Defendant group plan name: | [Defendants-groupplan] |
| Type of coverage: | [Defendant-coveragetype] |
NINTH: The grounds for divorce that are alleged as follows: Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)): That the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months.
TENTH: There is no judgment of divorce and no other matrimonial action between the parties pending in this court or in any other court of competent jurisdiction.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
A judgment dissolving the marriage between the parties AND Marital property to be distributed pursuant to separation agreement dated [Separation-agrdate].
For divorces commenced on or after 1/25/16 only:
I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the “Notice”) other than what was already agreed to in a written agreement dated [Separation-agrdate] and any other relief the court deems fit and proper.
Dated: [Complete-date]
Plaintiff is: [Attorney-prose]
[CFRepresented-prose]
Serve Papers on Plaintiff at:
[Service-addresspapers]
[/CFRepresented-prose]
[CFRepresented-attorney]
Plaintiff’s Attorney:
[Attorney-name]
[Attorney-address]
[Attorney-city], [Attorney-state] [Attorney-zip]
[Attorney-email]
[Attorney-phonenumber]
[Attorney-faxnumber]
[/CFRepresented-attorney]
|
|
______________________________ [Plaintiffs-name] Plaintiff |
STATE OF NEW YORK
COUNTY OF _________________ ss:
I [Plaintiffs-name], am the Plaintiff in the within action for a
divorce. I have read the foregoing complaint and know the contents thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be true.
| ______________________________ [Plaintiffs-name] Plaintiff |
|
| Sworn to before me, this ______, day of _______________________ |
|
| ______________________________ Notary Public: State of New York Quailified in _______ County My commission expires: |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | AFFIDAVIT OF DEFENDANT |
| [Defendants-name] Defendant —————————————————————–X |
STATE OF NEW YORK }
COUNTY OF________ } ss:
[Defendants-name], being duly sworn, says:
I am the Defendant in the within action for divorce, and I am over the age of 18. I reside at [Defendants-res]
1. I admit service of the Summons with Notice based upon the grounds of DRL §170(7) irretrievable breakdown in the relationship. I also admit service of the Notice of Automatic Orders, and since the divorce was commenced after 1/25/16, I also admit service of the Notice of Guideline Maintenance, and those of the Notice Concerning Continuation of Health Care Coverage.
2. I appear in this action; however, I do not intend to respond to the summons or answer the complaint, and I waive the twenty (20) or thirty (30) day period provided by law to respond to the summons or answer the complaint. I waive the forty (40) day waiting period to place this matter on the calendar, and I hereby consent to this action being placed on the uncontested divorce calendar immediately.
3. Defendant [Defendants-military] a member of the military service of this state, any other state or this nation. I am also aware of the rights afforded to members of the military under the New York State Soldiers’ and Sailors’ Civil Relief Act; however, I consent that this matter is placed on the Uncontested Matrimonial calendar and waive any rights if any, that I may have under the Act.
4. I waive the service of all further papers in this action except for a copy of the final Judgment of Divorce.
5a. I am not seeking equitable distribution other than what was already agreed to in a written property settlement and separation agreement dated [Separation-agrdate]. I understand that I may be prevented from further asserting my right to equitable distribution.
5b. Since this divorce was commenced on or after 1/25/16 only I acknowledge that I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the “Notice”) other than what was already agreed to in a written agreement dated [Separation-agrdate].
6. I have and will take all steps solely within my power to remove any barriers to the Plaintiff’s remarriage.
[CFNochildren]
7. There are no children born of the marriage and none are expected. I do not presently request child support services through the Support Collection Unit and have waived such in the Property Settlement and Separation Agreement dated [Separation-agrdate]. No Order of Protection has been issued in favor of or protecting me or my child(ren) or a member of my household. I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). I am not registered under New York State’s Sex Offender Registration Act.
[/CFNochildren]
[CFChildren]
7. Pursuant to agreement [Custodial-parent] be designated as the custodial parent of the minor children of the parties marriage and [Residential-parent] be designated as the primarry the residential parent of the minor children of the parties marriage. [Support-parent] is entitled to receive child support pursuant to DRL 6(B)(7)(b). I do not presently request child support services through the Support Collection Unit and have waived such in the Property Settlement and Separation Agreement dated [Separation-agrdate]. No Order of Protection has been issued in favor of or protecting me or my child(ren) or a member of my household. I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). I am not registered under New York State’s Sex Offender Registration Act.
[/CFChildren]
8. Defendant hereby affirms that DRL §170 subd. (7) is the ground alleged for the divorce, and that All economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage. Have been resolved by written Settlement/ Separation Agreement dated: [Separation-agrdate] and are to be incorporated into the Judgment of Divorce.
If the divorce action was commenced on or after January 25, 2016, I acknowledge receipt of the Notice of Guideline Maintenance from the Court pursuant to DRL 236. B(6), Chapter 269 of the Laws of 2015 which was served with the Summons.
I have been provided a copy of Notice Relating to Health Care of the Parties. I fully understand that upon the entrance of this divorce agreement, I may no longer be allowed to receive health coverage under my former spouse’s health insurance plan. I may be entitled to purchase health insurance on my own through a COBRA option, if available, otherwise, I may be required to secure my own health insurance.
| ______________________________ [Defendants-name] Defendant |
|
| Sworn to before me, this ______, day of _______________________ |
|
| ______________________________ Notary Public: State of New York Quailified in _______ County My commission expires: |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | AFFIDAVIT OF REGULARITY |
| [Defendants-name] Defendant —————————————————————–X |
STATE OF NEW YORK }
COUNTY OF________ } ss:
[Plaintiffs-name], being duly sworn, deposes and says:
I am the Plaintiff in the within action for divorce, and I am over the age of 18. I reside at [Plaintiffs-res]
The Summons with Notice, the Notice of Automatic Orders, and the Notice of Guideline Maintenance were personally served upon the Defendant herein, within the State of New York as appears in the affidavit of the defendant submitted herewith.
The Defendant has appeared on there own behalf and executed an affidavit agreeing that this matter is placed on the matrimonial calendar immediately and consented to the entry of a default judgment of divorce incorporating and not merging the terms of the parties Separation and Property Settlement Agreement dated: [Separation-agrdate]
Plaintiff [Plaintiffs-military] in the military service. Defendant [Defendants-military] in the military service.
WHEREFORE, I respectfully request that this action is placed on the undefended matrimonial calendar for trial. I state under the penalties of perjury that the statements herein made are true, except as to such statements as are based on information and belief, which statements I believe to be true.
| ______________________________ [Plaintiffs-name] Plaintiff |
|
| Sworn to before me, this ______, day of _______________________ |
|
| ______________________________ Notary Public: State of New York Quailified in _______ County My commission expires: |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | AFFIDAVIT OF PLAINTIFF |
| [Defendants-name] Defendant —————————————————————–X |
STATE OF NEW YORK }
COUNTY OF________ } ss:
[Plaintiffs-name], being duly sworn, deposes and says:
1. The Plaintiff resides at [Plaintiffs-res], and social security
number is [Plaintiffs-socsec], and date of birth is [Plaintiffs-dob].
2. The Defendant’s address is [Defendants-res], and social security number is [Defendants-socsec], and date of birth is [Defendants-dob].
3. [Residing-ny]
4. I married the Defendant on [Date-Marriage] in [Town-marriage], [County-marriage], [State-marriage]. The marriage was performed by a: [Type-marriage]. I will take prior to the entry of final judgment all steps solely within my power to the best of my knowledge and ability to remove any barrier to the Defendant’s ability to remarry.
[CFNochildren]
5. There are no child(ren) of the marriage and no other children are expected.
[/CFNochildren]
[CFChildren]
5. There are no child(ren) of the marriage and no other children are expected.[Child]The children have resided with the Plaintiff and Defendant for the past five years. The Name, Date of Birth, and Address of Children of the marriage are as follows:
[Children-namedobaddress]
I have not participated in other litigation concerning the custody of the minor child(ren) of the marriage, I do not have information of a custody proceeding concerning the minor child(ren)of the marriage pending in a court of this or another state. I know of no person who is not a party to this proceeding who has physical custody of the minor child(ren) of the marriage or claims to have custody or visitation rights with respect to such child(ren).
[/CFChildren]
6. The parties are covered by the following group health plans:
Plaintiff: Plaintiff’s group plan name: [Plaintiffs-groupplan]
Defendant: Defendant’s group plan name:[Defendants-groupplan]
7. The grounds for divorce that are alleged as follows: Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)):
That the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months.
In addition to the dissolution of the marriage, I am seeking the following ancillary relief:
All economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties in a Separation and Property Settlement Agreement dated [Separation-agrdate] and are to be incorporated not merged into the Judgment of Divorce.
8. Defendant [Defendants-military] a member of the military service of this state, any other state or this nation. Plaintiff [Plaintiffs-military] a member of the military service of this state, any other state or this nation.I am also aware of the rights afforded to members of the military under the New York State Soldiers’ and Sailors’ Civil Relief Act; however, I consent that this matter is placed on the Uncontested Matrimonial calendar and waive any rights if any, that I may have under the Act. The Defendant has also waived the service of all further papers in this action except for a copy of the final Judgment of Divorce.
9. I am not receiving Public Assistance. To my knowledge, the Defendant is not receiving Public Assistance.
10. No other matrimonial action is pending in this court or in any other court, and the marriage has not been terminated by any decree of any court of competent jurisdiction.
11. Defendant has admitted service of the Summons With Notice and required Notices in the “Defendant’s Affidavit”.
[CFNochildren]
12. There are no children born of the marriage and none are expected. I do not presently request child support services through the Support Collection Unit and have waived such in the Property Settlement and Separation Agreement dated [Separation-agrdate]. No Order of Protection has been issued in favor of or protecting me or my child(ren) or a member of my household. I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). I am not registered under New York State’s Sex Offender Registration Act.
[/CFNochildren]
[CFChildren]
12. Pursuant to agreement [Custodial-parent] be designated as the custodial parent of the minor children of the parties marriage and [Residential-parent] be designated as the primarry the residential parent of the minor children of the parties marriage. [Support-parent] is entitled to receive child support pursuant to DRL 6(B)(7)(b). I do not presently request child support services through the Support Collection Unit and have waived such in the Property Settlement and Separation Agreement dated [Separation-agrdate]. No Order of Protection has been issued in favor of or protecting me or my child(ren) or a member of my household. I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). I am not registered under New York State’s Sex Offender Registration Act.
[/CFChildren]
13. The Wife’s prior surname is: [Wifes-maiden]
14. No Order of Protection has been issued in favor of or protecting me or my child(ren) or a member of my household. I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). I am not registered under New York State’s Sex Offender Registration Act.
If the divorce action was commenced on or after January 25, 2016, I acknowledge receipt of the Notice of Guideline Maintenance from the Court pursuant to DRL 236. B(6), Chapter 269 of the Laws of 2015 which was served with the Summons.
I have been provided a copy of Notice Relating to Health Care of the Parties. I fully understand that upon the entrance of this divorce agreement, I may no longer be allowed to receive health coverage under my former spouse’s health insurance plan. I may be entitled to purchase health insurance on my own through a COBRA option, if available, otherwise, I may be required to secure my own health insurance.
WHEREFORE, I [Plaintiffs-name] respectfully request that judgment be entered for the relief sought and for such other relief as the court deems fitting and proper.
| ______________________________ [Plaintiffs-name] Plaintiff |
|
| Sworn to before me, this ______, day of _______________________ |
|
| ______________________________ Notary Public: State of New York Quailified in _______ County My commission expires: |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | SWORN STATEMENT OF REMOVAL OF BARRIERS TO REMARRIAGE |
| [Defendants-name] Defendant —————————————————————–X |
[Plaintiffs-name], being duly sworn, deposes and says:
That the parties’ marriage was solemnized by [Type-marriage], and that to the best of my knowledge I have taken all steps solely within my power to remove all barriers to the Defendant’s remarriage following the divorce.
| ______________________________ [Plaintiffs-name] Plaintiff |
|
| Sworn to before me, this ______, day of _______________________ |
|
| ______________________________ Notary Public: State of New York Quailified in _______ County My commission expires: |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [County-venue]
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
|
| -against- | PART 130 CERTIFICATION |
| [Defendants-name] Defendant —————————————————————–X |
CERTIFICATION: I hereby certify that all of the papers that I have served, filed or submitted to the court in this divorce action are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of the Chief Administrator of the Courts.
| ___________ Date |
______________________________ [Attorney-plaintiff] Plaintiff Attorney |
UNCONTESTED MATRIMONIAL RETAINER AGREEMENT
PLAINTIFF:[Plaintiffs-name] DEFENDANT: [Defendants-name]
THIS AGREEMENT is entered into between [Attorney-name] referred to in this agreement as “the firm”, or as “we” or “us”, and [Plaintiffs-name] referred to in this agreement as the “client,” or as “you.”
THE NATURE OF SERVICES TO BE RENDERED
The client retains the Law Firm to render services in connection with the filing of a Court Action for a Default Divorce based upon the incorporation and not merger of a Property Settlement and Separation Agreement entered into between the Plaintiff and Defendant as a result of Divorce Mediations with Buffalo NY Divorce Mediation. The client understands that this Retainer Agreement and any sums paid to the Law Firm pursuant hereto do not cover any services which are not specifically set forth above. It is further understood that, with respect to the matter or matters which are specified above, this Retainer Agreement and any sums paid to the Law Firm pursuant hereto, do not cover any appeals or any other services which might be required following the entry of a final judgment or order, including but not limited to such matters as enforcement or modification.
The client understands that this Agreement does not apply to any appeals or post-judgment actions, proceedings, or applications and that, if such engagement were to be accepted by the firm in the future, the firm’s representation would have to be secured by execution of another and separate Retainer Agreement. However, this retainer agreement in no way obligates the firm to accept any such engagement in the future.
The client understands that the preparation and submission of any Qualified Domestic Relations Order, or any other order to implement access to any pension, profit-sharing, retirement, or deferred compensation account or plan, is considered to be a post-judgment service and is not covered by this Retainer Agreement, or by any sums paid to the Law Firm pursuant hereto.
The client understands that the Law Firm is not required to take any steps to collect any counsel fee award which may be directed by a court or which may be agreed to by the client’s spouse. Such collection service shall be considered to be a post-judgment service and is not covered by this Retainer Agreement.
TERMS OF REPRESENTATION
The client authorizes the Law Firm to take any steps which, in the sole discretion of the firm, are deemed necessary or appropriate to protect the client’s interest in this matter. The client agrees to fully cooperate with any attorney, paralegal, clerk, or other members of the staff of the firm in the administration of the case. The client also agrees to follow all instructions and advice which bear upon ethical, strategic, or ethical considerations or matters, as the same are determined solely within the discretion of the Law Firm.
In the event that the client fails or refuses to follow such advice or instructions of the firm in any respect, the client agrees that such failure or refusal shall be good cause for the Law Firm to withdraw its representation and the client hereby consents that the firm may withdraw under such circumstances.
The Law Firm will keep the client informed of the status of his or her case. The client will be notified of any developments of substance affecting the client’s matter, including court appearances. Further, the Law Firm will conduct such meetings or telephone discussions with the client as may be required to keep the client apprised of such developments and will render such legal advice as necessary to permit the client to make informed decisions with respect to settlement issues, including an assessment of the risk which is inherent in litigation. The client will be provided with copies of all court documents and substantive correspondence affecting the client’s case and the client is encouraged to retain the same for future reference. The client also understands that he or she may discharge the Law Firm at any time and, in such event, the client will be charged only for time and/or disbursements actually incurred by the Law Firm up to the point of discharge. If, at that time, the Law Firm has not earned the full amount of any sum or sums advanced by the client, such unearned sum will be returned to the client.
PAYMENT OF FEES:
Attorney Has indicated that there is maximum attorney fees and costs due upon acceptance of this agreement of $965.00 total fees and costs all due and presently payable.
Withdrawal of Representation.
In the event that the client fails or refuses to follow the advice or instructions of the Law Firm in any respect, the client agrees that such failure or refusal shall be good cause for the Law Firm to withdraw its representation and the client hereby consents that the Law Firm may so withdraw under such circumstances. In the event that the Law Firm is discharged or withdraws its representation, the Law Firm will forward the case file to the client within 30 days. Should any fees be due and owing to the Law Firm at the time of the Law Firm’s discharge or withdrawal, the Law Firm may seek a charging lien, i.e., a lien upon any property which may be awarded to the client as a result of equitable distribution. However, no such lien may attach to spousal maintenance or child support.
Security Interest.
In the event that the client does not pay any balance due to the Law Firm within the time periods stated in this Retainer Agreement, the Law Firm may, at its option and as an accommodation to the client, agree to continue representation of the client if the client gives the Law Firm a security interest to protect the Law Firm’s right to be paid. That security interest might take the form of a confession of judgment or a mortgage upon the specified property. The result of either such security interest would be that a lien would attach to the client’s property and operate in favor of the Law Firm. If the security interest is a mortgage on the marital residence, such security interest shall be non-foreclosable; in other words, the Law Firm could not and would not force the sale of the marital home, but, instead, would wait to be paid when the home is sold. In any event, however, the client understands that any such security interest can be granted to the Law Firm only with the permission of the court upon proper application and on due notice to the opposing party.
Fee Disputes.
In the event of a fee dispute, the client has the right to seek arbitration, which is binding upon both the Law Firm and the client. Should the client wish to seek such arbitration, the client should notify the Law Firm of that fact, in writing, and the Law Firm will provide the client with the information required to file for such arbitration. The client understands that any decision which results from such arbitration is binding on both parties.
ACKNOWLEDGMENT AND UNDERSTANDING:
The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms, and has had full and satisfactory explanation of same, and fully understands its terms and agrees to such terms. The client acknowledges that he or she has provided with and read the Statement of Client’s Rights and Responsibilities, a copy of which is attached to their Retainer Agreement.
Dated: [Date-Retained]
________________________________________
[Plaintiffs-name]
________________________________________
[Attorneys-name]
STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIES
Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help prevent any misunderstanding between you and your attorney please read this document carefully. If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. He or she should be readily available to represent your best interests and keep you informed about your case. An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, age, national origin or disability. You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously, and preserve your confidences and secrets that are revealed in the course of the relationship. You are entitled to a written retainer agreement which must set forth, in plain language, the nature of the relationship and the details of the fee arrangement. At your request, and before you sign the agreement, you are entitled to have your attorney clarify in writing any of its terms, or include additional provisions. You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer agreement, as in any other contract. You may refuse to enter into any fee arrangement that you find unsatisfactory. Your attorney may not request a fee that is contingent on the securing of a divorce or on the amount of money or property that may be obtained. Your attorney may not request a retainer fee that is nonrefundable. That is, should you discharge your attorney, or should your attorney withdraw from the case, before the retainer is used up, he or she is entitled to be paid commensurate with the work performed on your case and any expenses, but must return the balance of the retainer to you. However, your attorney may enter into a minimum fee arrangement with you that provides for the payment of a specific amount below which the fee will not fall based upon the handling of the case to its conclusion. You are entitled to know the approximate number of attorneys and other legal staff members who will be working on your case at any given time and what you will be charged for the services of each. You are entitled to know in advance how you will be asked to pay legal fees and expenses, and how the retainer, if any, will be spent. At your request, and after your attorney has had a reasonable opportunity to investigate your case, you are entitled to be given an estimate of approximate future costs of your case, which estimate shall be made in good faith but may be subject to change due to facts and circumstances affecting the case. You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days. You are expected to review the itemized bills sent by counsel, and to raise any objections or errors in a timely manner. Time spent in discussion or explanation of bills will not be charged to you. You are expected to be truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable him or her to competently prepare your case. You are entitled to be kept informed of the status of your case, and to be provided with copies of correspondence and documents prepared on your behalf or received from the court or your adversary. You have the right to be present in court at the time that conferences are held. You are entitled to make the ultimate decision on the objectives to be pursued in your case, and to make the final decision regarding the settlement of your case. Your attorney’s written retainer agreement must specify under what circumstances he or she might seek to withdraw as your attorney for nonpayment of legal fees. If an action or proceeding is pending, the court may give your attorney a “charging lien,” which entitles your attorney to payment for services already rendered at the end of the case out of the proceeds of the final order or judgment. You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to a lien or mortgage on your home to cover legal fees. Your attorney’s written retainer agreement must specify whether, and under what circumstances, such security may be requested. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary. An attorney’s security interest in the marital residence cannot be foreclosed against you. You are entitled to have your attorney’s best efforts exerted on your behalf, but no particular results can be guaranteed. If you entrust money with an attorney for an escrow deposit in your case, the attorney must safeguard the escrow in a special bank account. You are entitled to a written escrow agreement, a written receipt, and a complete record concerning the escrow. When the terms of the escrow agreement have been performed, the attorney must promptly make payment of the escrow to all persons who are entitled to it. In the event of a fee dispute, you may have the right to seek arbitration. Your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
| SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [County-venue] |
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| At the Matrimonial/IAS Part of New York State Supreme Court at the Courthouse, [County-venue] County, on |
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| Present: Hon. Justice/Referee |
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| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
Calendar No.: |
| -against- | FINDINGS OF FACT AND CONCLUSIONS OF LAW |
| [Defendants-name] Defendant —————————————————————–X |
The issues of this action having been submitted to Referees of this Court at Part _____ hereof, held in and for the County of on _____________, ____ 2018 and having considered the allegations and proofs of the respective parties, and due deliberation having been had thereon.
NOW, after reading and considering the papers submitted, I do hereby make the following findings of essential facts which I deem established by the evidence and reach the following conclusions of law.
FINDINGS OF FACT
FIRST: Plaintiff and Defendant were both eighteen (18) years of age or over when this action was commenced.
SECOND: [Residing-ny]
THIRD: The Plaintiff and the Defendant were married on [Date-Marriage] in [Town-marriage], [County-marriage], [State-marriage]. The marriage was performed by a: [Type-marriage].
FOURTH: That no decree, judgment or order of divorce, annulment or dissolution of marriage has been granted to either party against the other in any Court of competent jurisdiction of this state or any other state, territory or country, and that there is no other action pending for divorce by either party against the other in any Court.
FIFTH: That this action was commenced by filing the Summons With Notice
County Clerk. Defendant acknowledged service of the Summons with Notice together with all the statutory notices and appeared and waived there right to answer or further appear. Defendant has consented to entry of a judgment of divorce incorporating and not merging the terms of the parties Property Settlement and Separation Agreement dated: [Separation-agrdate].
SIXTH: That Defendant is not in the military service of the United States of America, the State of New York, or any other State and has appeared by affidavit and does not oppose the action proceeding on a default basis.
[CFNochildren]
SEVENTH: There are no children born of the marriage and none are expected.
[/CFNochildren]
[CFChildren]
SEVENTH: There [Children-om] of the marriage and no other children are expected. The children have resided with the Plaintiff and Defendant for the past five years. The Name, Date of Birth, and Address of Children of the marriage are as follows:
[Children-namedobaddress]
[/CFChildren]
EIGHTH: The grounds for divorce that are alleged in the Verified Complaint were proved as follows:
Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)):
That the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months as stated in the Plaintiff’s Affidavit.
NINTH: A sworn statement pursuant to DRL §253 that Plaintiff has taken all steps within his or her power to remove all barriers to Defendant’s remarriage following the divorce and such statement was served on the Defendant.
TENTH: The unrepresented party or parties have received notice of the maintenance guideline obligation pursuant to DRL § 236(B)(6) enacted by Laws of 2015, ch.269; S 5658/A 7636-b] (the “Maintenance Guidelines Law”).
[CFNomaintenance]
ELEVENTH: The parties have entered into a Written Agreement/Stipulation pursuant to DRL 236(B)(3) dated [Separation-agrdate], wherein the parties agreed that neither party will receive maintenance and neither party is seeking maintenance. The terms of the agreement, as to maintenance, were fair and reasonable at the time of the making of the agreement, and are not unconscionable at the time of the signing of the judgment, as it relates to General Obligations Law § 5-311. Said agreement was validly executed and complies with the requirements of subdivision 3 of Domestic Relations Law 236(B)(3).
[/CFNomaintenaccne]
[CFMaintenance]
ELEVENTH: The parties have entered into a Written Agreement/Stipulation pursuant to DRL 236(B)(3) dated [Separation-agrdate], wherein the parties agreed that [Maintenance-payor] shall pay [Maintenance-amount] paid [Maintenance-freq] to [Maintenance-payee] for a period of [Maintenance-duration], which the parties agree is considered maintenance. The terms of the agreement, as to maintenance, were fair and reasonable at the time of the making of the agreement, and are not unconscionable at the time of the signing of the judgment, as it relates to General Obligations Law § 5-311. Said agreement was validly executed and complies with the requirements of subdivision 3 of Domestic Relations Law 236(B)(3).
[/CFMaintenaccne]
TWELFTH: Equitable Distribution and ancillary issues shall be in accordance with the parties separation and property settlement agreement.
[Nochildren]
THIRTEENTH: The parties have no unemancipated children.
[/Nochildren]
[CFChildren]
THIRTEENTH: The parties have agreed that [Custodial-parent] be designated as the custodial parent of the minor children of the parties marriage and [Residential-parent] be designated as the primary the residential parent of the minor children of the parties marriage. [Support-parent] is entitled to receive child support pursuant to DRL 6(B)(7)(b). Pursuant to a written agreement the parties have agreed that the [Support-payor] shall pay support to the [Support-payee] [Support-howpaid] in the amount of [Support-amount] [Support-frequency]. The parties also agree that the [Child-healthins] shall maintain health insurance for the parties child(ren) and that uninsured medical expenses shall be divided: Plaintiff’s percentage responsibility: [Child-uninsuredplaintiff]
Defendant’s percentage responsibility: [Child-uninsureddefendant] The parties agreement recites in compliance with DRL Section 2401-b(h) that the parties have been advised of the child support standards act and that it’s application results in the presumptively correct amount of basic child support. Each party has also acknowledge in the agreement that they have received a cpy of the child support standards chart promulgated by the Commissioner of Social Services pursuant to Social Services Law Section 111-I. The parties have agreed that the presumptively correct amount of child support to be paid by the non-custodial parent is: [Support-presumptively] [Support-presfreq] and the amount of child support agreed to between the parties [Support-guidelines] with the non-custodial parent’s basic child support obligation as calculated under the guidelines. The reaso for conformance or deviation, if any, is as follows: [Support-redivates]
[/CFChildren]
FOURTEENTH: The Plaintiff resides at [Plaintiffs-res], and social security
number is [Plaintiffs-socsec], and date of birth is [Plaintiffss-dob]. The Defendant’s address is [Defendants-res], and social security number is [Defendants-socsec], and date of birth is [Defendants-dob]. Neither party is a member of the armed services.
FIFTEENTH: The Wife may resume use of her prior surname: [Wifes-maiden]
SIXTEENTH: Compliance with DRL § 255 (1) and (2) has been satisfied as follows: The parties entered into a Separation and Property Settlement agreement dated [Separation-agrdate] and the stipulation of settlement complies with the requirements of DRL § 255 (2) and each party has been provided notice as required by DRL § 255(1)
SEVENTEENTH: The Judgment of Divorce should incorporate all ancillary issues, including the payment of counsel and experts’ fees and expenses, which issues were settled by written separation and property settlement agreement.
CONCLUSIONS OF LAW
FIRST: Residency as required by DRL § 230 has been satisfied.
SECOND: The requirements of DRL § 255 have been satisfied.
THIRD: The requirements of DRL § 240 1 (a) including the Records Checking Requirements in DRL § 240 1 (a-1) have been satisfied.
FOURTH: The requirements of DRL § 240 (1-b) have been satisfied. FIFTH: The requirements of DRL § 236(B)(2)(b) have been satisfied. SIXTH: The requirements of DRL § 236(B)(6) have been satisfied.
FIFTH: Plaintiff is entitled to a judgment of divorce on the ground of DRL §170 sub.(7) and granting the incidental relief herein and all economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties in there Property Settlement and Separation Agreement dated [Separation-agrdate] which recommended to be incorporated and not merged into the Judgment of Divorce.
| ______________________________ Date |
______________________________ J.S.C./Referee |
| SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF [County-venue] |
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| At the Matrimonial/IAS Part of New York State Supreme Court at the Courthouse, [County-venue] County, on |
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| Present: Hon. _____________________________J.S.C. |
|
| —————————————————————–X | Index No.: [Index-number] |
|
[Plaintiffs-name] |
Calendar No.: |
| -against- | JUDGMENT OF DIVORCE |
| [Defendants-name] [Defendants-socsec] Defendant —————————————————————–X |
EACH PARTY HAS A RIGHT TO SEEK A MODIFICATION OF THE CHILD SUPPORT ORDER UPON A SHOWING OF: (I) A SUBSTANTIAL CHANGE IN CIRCUMSTANCES; OR (II) THAT THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST MODIFIED OR ADJUSTED; OR (III) THERE HAS BEEN A CHANGE IN EITHER PARTY’S GROSS INCOME BY FIFTEEN PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR ADJUSTED; HOWEVER, IF THE PARTIES HAVE SPECIFICALLY OPTED OUT OF SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH IN A VALIDLY EXECUTED AGREEMENT OR STIPULATION, THEN THAT BASIS TO SEEK MODIFICATION DOES NOT APPLY.
THE FOLLOWING NOTICE IS APPLICABLE OR X NOT APPLICABLE NOTICE REQUIRED WHERE PAYMENTS THROUGH SUPPORT COLLECTION UNIT NOTE:
(1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF
THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.
(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.
(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION TWO HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
This action was submitted to the referee for inquest on this_______day of ________________, 2018. The Defendant was served personally within the State of New York. Plaintiff presented a Verified Complaint and Affidavit of Plaintiff constituting the facts of the matter. The Defendant has appeared and waived the right to answer and the parties resolved all ancillary issues by entering into a written property settlement and separation agreement dated [Separation-agrdate]. The Court has accepted written proof of non-military status. The Plaintiff’s address is [Plaintiffs-res], and social security number is [Plaintiffs-socsec]. The Defendant’s address is [Defendants-res], and social security number is [Defendants-socsec]. Now on motion of Anne C. DiMatteo, Esq., the attorney for Plaintiff, it is: [Attorney-name]
ORDERED AND ADJUDGED that the Referee’s Report, if any, is hereby confirmed; and it is further
ORDERED, ADJUDGED AND DECREED that the application of plaintiff is hereby granted to dissolve the marriage between [Plaintiffs-name], plaintiff, and [Defendants-name], defendant, by reason of: the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months pursuant to D.R.L. §170(7); and it is further
ORDERED AND ADJUDGED that the requirements of D.R.L. §240 1 (a-1) have been met and the Court having considered the results of said inquires; and it is further
[CFNomaintenance]
ORDERED AND ADJUDGED that pursuant to the agreement of the parties there is no award of maintenance as there is no request for maintenance by either party and both parties have waived their right to seek maintenance from the other in their property settlement and separation agreement pursuant to DRL 236(B)(3) dated [Separation-agrdate]; and it is further
[/CFNomaintenacne]
[CFMaintenance]
ORDERED AND ADJUDGED pursuant to the parties written Agreement pursuant to DRL 236(B)(3) dated [Separation-agrdate], the [Maintenance-payor] shall pay [Maintenance-amount] paid [Maintenance-freq] to [Maintenance-payee] for a period of [Maintenance-duration], as more fully set forth in the parties agreement.
[/CFMaintenaccne]
[Nochildren]
ORDERED AND ADJUDGED that neither party is awarded custody of the children of the marriage as there are no unemancipated children, and it is further
[/Nochildren]
[Children]
ORDERED AND ADJUDGED that [Custodial-parent] be designated as the custodian of the parties unemancipated children and that[Residential-parent] shall be designated as the primary residential parent of the parties unemancipated children.
ORDERED AND ADJUDGED that pursuant to a written agreement the [Support-payor] shall pay support to the [Support-payee] [Support-howpaid] in the amount of [Support-amount] [Support-frequency], as and for the support of the parties’ unemancipated child(ren) of the marriage, namely:
[Children-namedobaddress]
together with such dollar amounts or percentages for childcare, educatio, and healthcare as set forth in the parties’ Settlement Agreement.
Such Settlement Agreement, if applicable, is in conformance with D.R.L Section 240(1-b)(h) because: The pasties have been advised of the provisions of Section 240(1-b)(h); and both parties have received a copy of the Chils Support Standards Chart promulgated by the Commissioner of Social Services pursuant to Socail Services Law Sec. 111-I; The basic support obligation, as defined in DRL Section. 240 (1-b), presumptively results in the correct amount of child support to be awarded, and the amount attributable to the non-custodial parent is [Support-presumptively] per [Support-presfreq]; the amount of support agreed to in this action [Support-guidelines] with the amoount attributable to the non-custodial parent under the act, and if deviating the court has approved of such agreed-upon amount based upon the reasons set forth in the indings of Fact and Conclusions of Law, which are incorporated herein by reference.
[/Children]
ORDERED AND ADJUDGED that the Property Settlement and Separation Agreement entered into between the parties on the [Separation-agrdate] an original 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, and this Court retains jurisdiction of this matter concurrently with the Family Court for the purposes of specifically enforcing such of the provisions of said Agreement as are capable of specific enforcement to the extent permitted by law with regard to maintenance, child support, custody and/or visitation, and of making such further judgment as it finds appropriate under the circumstances existing at the time application for that purpose is made to it, or both; and it is further
ORDERED AND ADJUDGED that the [Wifes-party] is authorized to resume use of the prior surname [Wifes-maiden]; and it is further
ORDERED AND ADJUDGED that neither party is hereby awarded counsel and/or expert’s fees; and it is further
ORDERED AND ADJUDGED that Defendant shall be served with a copy of this judgment, with notice of entry, by the Plaintiff within 30 days of such entry.
| ___________ Date |
______________________________ Hon. _________________________ |
| J.S.C. | |
| ENTER: |
 |
Anne C. DiMatteo, Esq. Attorney at Law 5828 Ashler Court Hamburg, New York 14075 1-716-491-1670 (Phone) 1-716-646-0258 (Fax) anne.dimatteo@gmail.com |
| [Complete-date] | |
| [Plaintiffs-name] v [Defendants-name] Index Number: [Index-number] |
|
| Erie County Default/Uncontested Matrimonial Office 5th Floor 25 Delaware Avenue Buffalo, NY 14202 |
Dear: Sir/Madam:
I hereby authorize Buffalo Notary Services, and John Duffy to retrieve default matrimonial papers that I have submitted to your office for signature and come ready to be retrieved by me in the above matter. They are acting as my authoriized agent in this regards.
Sincerely,
Anne C. Dimatteo, Esq.
