Legal Procedures: MATRIMONIAL

NYC MATRIMONIAL
This page is intended to provide you with the general idea matrimonial proceedings. The following link is the NYC court's information guide: http://www.courts.state.ny.us/litigants/divorce/ud_instructions.shtml

Please be advised that matrimonial case is also a lawsuit. Even if both parties agree to divorce there must be a Plaintiff and a defendant. This shall be explained in uncontested matrimonial section. If you have children the procedures are different. For the parents, its' highly recommend that you to go through family counseling or child counseling. Before you think of yourselves think of your kid(s) and how it will impact on them.

TYPES OF MATRIMONIAL CASES

• Uncontested (Divorce by consent of both parties)
  
• Contested (Litigation)
• Default (Plaintiff can pursue if defendant does not respond)
  
• Publication (Defendant can not be found)
  

GROUNDS FOR DIVORCE
The definitions of the following can be found in the link provided earlier.

• Abandonment - One year or more both parties live apart
• Lock-Out - Changed the locks so that one party can not have access to the marital residence
  
• Constructive Abandonment - One year or more both parties do not have sexual relations
  
• Cruel and inhuman treatment - Three situations where the victim (usually the plaintiff) has been verbally or physically abused
  
• Imprisonment - Three years of imprisonment
  
• Adultery - Need hard evidence
  
• Living separate and apart pursuant to a separation judgment or decree
• Living separate abd apart pursuant to a separation agreement

BASIC MATRIMONIAL PROCEDURES:
http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml

• SUMMONS / SUMMONS WITH NOTICE - Prepare and file Summons / Summons with Notice with the Supreme Court and obtain index number. Scroll down the following link and you will find a list of fees: http://www.courts.state.ny.us/litigants/forms.shtml
• VERIFIED COMPLAINT -Prepare the Verified Complaint
  
• AFFIDAVIT OF DEFENDANT - Prepare the Affidavit or this form is also known as waiver
  
• AFFIDAVIT OF SERVICE - Hire a process server to serve the Summons, Verified Complaint, Affidavit of Defendant. (Usually when the case is contested or defaulted)

After the affidavit or defendant / waiver or 20 to 30 days after the service has be made, the matrimonial package (all the listed documents above and below this passage) is prepared and submitted to the court for the judge's signature on the judgment.

• AFFIDAVIT OF PLAINTIFF - Prepare Affidavit
  
• AFFIRMATION OF REGULARITY - Prepare Affirmation (Attorney statement)
  
• FINDINGS OF FACTS AND CONCLUSIONS OF LAW - Prepare Findings and Conlusions (Made by Attorney for the judge to sign)
  
• JUDGMENT OF DIVORCE - Prepare Judgment (Made by Attorney for the judge to sign)
  
• NOTE OF ISSUE - Prepare Note of Issue
  
• PART 130 CERTIFICATION - Prepare Part 130 (Attorney statement)
  
• POST CARD - Prepare post card (Self addressed so that the court may notify for rejections or approval)
  
• CERTIFICATE OF DISSOLUTION - Prepare certification for health department
  
• CHILD SUPPORT WORKSHEET - Prepare child support worksheet to determine child support amount (only if you have child(ren) within the marriage
  
• QUALIFIED MEDICAL CHILD SUPPORT ORDER
• UCS-111 - Prepare UCS only if you have child(ren)
  
• STIPULATION OF SETTLEMENT - Prepare Stipulation if consented on assets and/or custody and child support
  
• EVIDENCE OF ATTEMPT TO LOCATE DEFENDANT - For matrimonial cases by Publication - Need responses from DMV, US Postal Service, Board of Election, Coast Guard, and Military Services of their attempt to locate the defendant to obtain approval of Newspaper advertisement for service of summons. (Takes about 6 months)
  
• NEWSPAPER ADVERTISEMENT - Service of Summons by publication on a Newspaper. (For matrimonial cases by Publication)

After the matrimonial package has been approved for Judgment's signature, it usually takes about 4-6 weeks if there are no problems with the case.


Initial telephone conference with potential client:

Obtain the following information:

1. Where? New York or New Jersey?
2. Divorce by consent or contested?
3. Any child(ren) or none?
4. Any assets to be equitably distributed?

5. Make an appointment.


Give attorney the above information to quote the client with a legal fee and to see if he/she might ask you for more information. Legal fees can range from $1000 (Consented in state); $2500 (Default in state); and may cost $5,000 (By Publication in state). The court fees are extra to be paid: purchase index is $210.00, note of issue fee is $125.00, and certified copy fee is $8.00.