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22 CRR-NY D III B Form CNY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 22. JUDICIARY

SUBTITLE D. FORMS

CHAPTER III. SUPREME AND COUNTY COURT FORMS

SUBCHAPTER B. FORMS AUTHORIZED BY SECTION 202.50(B)

22 CRR-NY D III B Form C

i Referee's report - findings of fact and conclusions of law

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”:

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

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

(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

(state representation); and

(b) that said representation was false; 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 __

(refer to representation); and

(e) that defendant after the marriage refused to __

(refer to representation); and

(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

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 __

(P.O. address).

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

(d) that (plaintiff) (defendant) requires $ __ per week for maintenance; and

(List findings required under Domestic Relations Law, section 236B[6][a][1]-[10]); and

(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:

(i) the children of the marriage entitled to receive parental support are: [state names and dates of birth];

(ii) the income of the plaintiff, who is the (custodial) (non-custodial) parent, is $ __ per year;

(iii) the income of the defendant, who is the (custodial) (non-custodial) parent, is $ __ year;

(iv) the applicable child support percentage is __%;

(v) 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];

(vi) 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;

(d) __% of the reasonable child care expenses; [delete if inapplicable]

(e) __% of educational or other extraordinary expenses; [delete if inapplicable]

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 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:

³ (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

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, 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

Footnotes

Only one of the three alternative subparagraphs (b) will be appropriate; delete the inapplicable provisions.

Only one of the two alternative subparagraphs (c) will be appropriate; delete the inapplicable provisions.

22 CRR-NY D III B Form C

Current through May 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.