The plaintiff having brought this action for a judgment of absolute divorce by reason of __

The plaintiff having brought this action for a judgment of separation by reason of __

The plaintiff having brought this action for a judgment of annulment by reason of the fraud of the defendant in inducing the 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

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)

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

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

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and the defendant having answered the complaint and having thereafter (by written stipulation) (in open court) withdrawn (his) (her) answer

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

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

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 __

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”:

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 __

( State ground or grounds in the language set forth above); and it is further

Adjudged that __, plaintiff, be and (s)he hereby is separated from the bed and board of __, defendant, by reason of __

( State ground or grounds in the language set forth above); and it is further

Adjudged that the marriage contract heretofore existing between __, plaintiff, and __, defendant, is annulled because of the fraud of the defendant; and it is further

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

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

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 __

(specify holidays);

(c) on the following holiday days between the hours of __ a.m. and __ p.m. in even-numbered years __

(specify holidays); and

(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

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

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

¹(b) The non-custodial parent's pro rata share of the basic child support obligation is neither unjust nor inappropriate.

²(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:

³(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 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

⁴(c) The amount of child support agreed to therein conforms to the basic child support obligation.

⁵(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

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

( if plaintiff is awarded exclusive possession of marital premises, add: and extraordinary repairs of marital premises; consider requirement for purchase of insurance policy); and it is further

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

Ordered and Adjudged that the marital property shall be distributed as follows: __

( include disposition of property upon termination of exclusive possession of real property, if any); and it is further

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

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 the circumstances existing at the time application for that purpose is made to it, or both; and it is further

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