Bender's Forms for the Consolidated Laws of New York: Domestic Relations Law

Publisher: Matthew Bender

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This publication contains court-tested forms specifically keyed to sections of the New York Domestic Relations Law for use in court proceedings.

Bender's Forms for the Consolidated Laws of New York: Domestic Relations Law provides annotated forms, with statutory and case citations, for use under the substantive laws of the State of New York. The full range of legal instruments, pleadings and motions covering matrimonial matters as well as matters related to child custody, adoptions and other domestic matters is a one-stop forms source for the domestic relations practitioner. Useful endnotes, highlighting related cases, statutes and other resources provide further information.

Table of Contents

Vol. 1

§ 11 By whom a marriage must be solemnized


DR11:1 Allegations in Complaint for Annulment Referring to Solemnization by a Person Not Authorized to Perform the Marriage Ceremony
DR11:2 Written Contract of Marriage

§ 13-b Time within which marriage may be solemnized

DR13-b:1 Petition for Immediate Solemnization of Marriage
DR13-b:2 Order for Immediate Solemnization of Marriage

§ 13-d Duty of clerk issuing marriage license

DR13-d:1 Requisite Notice Applicable to Rubella to Be Provided Upon Issuance of Marriage License

§ 15 Duty of town and city clerks

DR15:1 Petition for Consent to Marry
DR15:2 Order on Petition for Consent to Marry
DR15:3 Statutory Notice to Applicants for Marriage License as to Use of Name

§ 19 Records to be kept by town and city clerks

DR19:1 Judgment in Article 78 Proceeding Granting Petition of Newspaper Seeking to Compel Release of Names of Persons to Whom Marriage Licenses Have Been Issued

§ 24 Effect of marriage on legitimacy of children

DR24:1 Affidavit in Support of Motion to Declare Infant Legitimate
DR24:2 Affidavit of Clergyman Who Performed Marriage Ceremony in Support of Motion to Declare Infant Legitimate

§ 50 Property of married women

DR50:1 Judgment in Action by Married Woman Declaring That Real Property Was Acquired With Her Own Funds
§ 52 Insurance of married person’s life

DR52:1 Assignment by Married Person of Insurance Policy on Life of Spouse
DR52:2 Judgment Declaring That Life Insurance on Life of Married Person May Be So Ordered as to Encompass Obligations Subsequent to Death

§ 61 Married person’s domicile

DR61:1 Affidavit of Spouse as to Choice of Domicile

§ 70 Habeas corpus for child detained by parent

DR70:1 Petition for Writ of Habeas Corpus; Official Form
DR70:2 Writ of Habeas Corpus; Official Form
DR70:3 Petition for Writ of Habeas Corpus to Determine Custody of Child Where Infant Abducted by Parent
DR70:4 Petition for Writ of Habeas Corpus to Determine Custody of Child Where Child Being Detained Contrary to Divorce Decree
DR70:5 Writ of Habeas Corpus on Application to Determine Custody of Child
DR70:6 Return to Writ of Habeas Corpus Issued to Determine Custody of Child Alleging Petitioner’s Abandonment of Respondent and Lack of Financial Ability to Support Child
DR70:7 Petition for Warrant of Attachment
DR70:8 Warrant of Attachment to Bring Child Before Court
DR70:9 Petition for Writ of Habeas Corpus for Custody of Infant Detained by Social Services Agency
DR70:10 Answer and Defense of Lack of Requisite Standing Pursuant to Governing Statute
DR70:11 Answer to Cross-Action by Respondent to Compel Resolution of Custody Dispute by Arbitration and Defense That Statutory Requirements Supersede Agreement of Parents
DR70:12 Petition for Writ of Habeas Corpus to Compel Father to Produce Child for Scheduled Visitation

§ 71 Special proceeding or habeas corpus to obtain visitation rights in respect to certain infant siblings

DR71:1 Petition for Writ of Habeas Corpus to Obtain Visitation Rights by Sibling
DR71:2 Answer to Petition for Writ of Habeas Corpus to Obtain Sibling Visitation and Defense That Relationship Fails to Satisfy Statutory Requirements

§ 72 Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren

DR72:1 Petition by Grandparent for Visitation with Minor Grandchild
DR72:2 Order to Show Cause on Petition by Grandparent for Visitation
DR72:3 Respondent’s Affidavit in Opposition to Petition by Grandparent for Visitation with Minor Grandchild
DR72:4 Order Dismissing Grandparent’s Petition for Visitation on Ground That No Equitable Reason Exists to Intervene

§ 73 Legitimacy of children born by artificial insemination

DR73:1 Certification of Physician as to Artificial Insemination

§ 75-g Notice to persons outside state

DR75-g:1 Notice of Hearing for Order of Custody or Visitation or for Modification or Enforcement of Order of Custody or Visitation Under UCCJEA; Official Form
DR75-g:2 Order for Service of Notice of Proceeding Under UCCJEA; Official Form

§ 75-j Taking testimony in another state

DR75-j:1 Electronic Testimony Application, Waiver of Personal Appearance Under UCCJEA; Official Form
DR75-j:2 Order on Electronic Testimony Application Under UCCJEA; Official Form

§ 75-k Cooperation between courts; preservation of records

DR75-k:1 Request for Assistance and/or Records Under UCCJEA; Official Form

§ 76 Initial child custody jurisdiction

DR76:1 Petition for Custody or Visitation (UCCJEA); Official Form
DR76:2 Order for Custody or Visitation (UCCJEA); Official Form
DR76:3 Order to Show Cause Why Relief Sought in Petition Should Not Be Granted; Official Form
DR76:4 Petition to Modify Custody or Visitation Order; Official Form
DR76:5 Order on Petition to Modify Custody or Visitation Order; Official Form

§ 76-h Information to be submitted to court

DR76-h:1 Petitioner’s Affidavit in Proceeding for Custody or Visitation; Official Form

§ 77-b Duty to enforce

DR77-b:1 Petition to Enforce Custody or Visitation Order; Official Form
DR77-b:2 Order to Appear on Petition to Enforce Custody or Visitation Order; Official Form
DR77-b:3 Order on Petition to Enforce Custody or Visitation Order; Official Form

§ 77-d Registration of child custody determination

DR77-d:1 Affidavit Application for Registration of an Out-Of-State Custody or Visitation Order; Official Form
DR77-d:2 Notice of Request for Registration of an Out-Of-State Custody or Visitation Order; Official Form
DR77-d:3 Objection to the Registration of an Out-Of-State Custody or Visitation Order; Official Form
DR77-d:4 Notice of Hearing Upon Objection to Registration of Order of Custody or Visitation; Official Form
DR77-d:5 Order Determining Request for Registration of Out-of-State Custody or Visitation Order: Determination of Objection and Notice of Registration; Official Form
DR77-d:6 Certification of Registration of Order of Custody or Visitation; Official Form

§ 77-j Warrant to take physical custody of child

DR77-j:1 Warrant to Arrest Party and Take Physical Custody of Child; Official Form

§ 80 Guardians in socage

DR80:1 Petition for Decree of Guardian in Socage

§ 81 Appointment of guardians by parent

DR81:1 Deed of Surviving Parent Appointing Guardian for Child
DR81:2 Clause in Will Appointing a Testamentary Guardian
DR81:3 Clause in Will Appointing Surviving Parent and Third Person as Joint Guardians
DR81:4 Consent by Parent to Appointment of Himself and Another as Testamentary Guardians
DR81:5 Revocation by Parent of Consent to Appointment of Himself and Another as Testamentary Guardians
DR81:6 Petition for Guardianship of Person of an Infant; Official Form
DR81:7 Oath and Designation; Official Form
DR81:8 Joinder and Statement of Preference of Infant Over 14 Years of Age; Official Form
DR81:9 Request for Information Guardianship Form; Official Form
DR81:10 Waiver of Process, Renunciation and Consent to Letters of Guardianship; Official Form
DR81:11 Joint Control Decree Appointing Guardian; Official Form
DR81:12 Decree Appointing Guardian With Bond; Official Form
DR81:13 Affidavit of Proposed Guardian; Official Form

§ 82 Powers and duties of such guardians

DR82:1 Petition for Withdrawal of Infant’s Property for Support and Education; Official Form
DR82:2 Order for Leave to Draw Upon Infant’s Property for Support and Education; Official Form

§ 83 Duties and liabilities of all general guardians

DR83:1 Annual Account of Bonded Guardian; Official Form
DR83:2 Petition of Guardian to Close Guardianship Account; Official Form
DR83:3 Petition by Former Infant to Close Guardianship Account; Official Form
DR83:4 Decree to Close Guardianship Account; Official Form
DR83:5 Release and Settlement of Guardianship Account; Official Form

§ 109 Definitions

DR109:1 Order Construing Agency Adoption

§ 110 Who may adopt; effect of article

DR110:1 Order Dismissing Adoption Petition on the Merits on Grounds That Petitioner Not Seeking Parental Relationship

§ 111 Whose consent required

DR111:1 Agreement of Adoption, Private- Placement; Official Form
DR111:2 Consent of Child Over Fourteen; Official Form
DR111:3 Order Directing Service of Notice; Official Form
DR111:4 Notice of Proposed Adoption; Official Form
DR111:5 Order of Publication; Official Form
DR111:6 Affidavit and Consent of Person, Other Than Birth or Legal Parent, Having Lawful Custody; Official Form
DR111:7 Application by Biological Father for a Stay of Adoption Proceeding and for a Hearing as to the Necessity of His Consent to Adoption

§ 111-a Notice in certain proceedings to fathers of child born out-of-wedlock

DR111-a:1 Order Denying Request of Biological Father for Separate Hearing on Issue of Best Interests of Adoptive Child
DR111-a:2 Affidavit of Birth Mother That Adoptive Child Was Conceived as the Result of First Degree Rape
DR111-a:3 Order Dispensing with Notice to Biological Father of Adoptive Child Conceived as a Result of First Degree Rape
DR111-a:4 Affidavit of Counsel That Alleged Putative Father of Child Born Out-of-Wedlock Has Not Satisfied Statutory Criteria Requiring Notice

§ 111-c Adoption order from foreign country or foreign jurisdiction

DR111-c:1 Petition for Registration of Foreign Adoption Order; Official Form
DR111-c:2 Order of Foreign Adoption and Name Change; Official Form

§ 112 General provisions relating to adoption from authorized agencies

DR112:1 Petition for Adoption (Agency); Official Form
DR112:2 Verified Schedule (Agency); Official Form
DR112:3 Agreement of Adoption and Consent (Agency); Official Form
DR112:4 Child’s Medical History: Official Form
DR112:5 Affidavit Identifying Party (Agency); Official Form
DR112:6 Parental Affidavit of Financial Disclosure (Agency); Official Form
DR112:7 Supplemental Affidavit of Adoptive Parents (Agency); Official Form

§ 112-a Expedited calendaring of adoption proceedings

DR112-a:1 Affidavit of Readiness and Request for Expedited Calendaring of Adoption Proceedings
DR112-a:2 Order Determining That Inadequate Basis Exists for Approval of Adoption and Adjourning Proceedings Pending Additional Information

§ 112-b Post-adoption contact agreements; judicial approval; enforcement

DR112-b:1 Post Adoption Contact Agreement
DR112-b:2 Petition for Enforcement of Post-Adoption Contact Agreement; Official Form
DR112-b:3 Order on Petition for Enforcement of Post-Adoption Contact Agreement; Official Form

§ 113 Special provisions relating to adoption from authorized agencies

DR113:1 Order for Investigation; Official Form
DR113:2 Affirmation Regarding Venue; Official Form
DR113:3 Determination of Family Court Judge Regarding Venue; Official Form
DR113:4 Order Regarding Venue; Official Form

§ 114 Order of adoption

DR114:1 Order of Adoption: Agency; Official Form
DR114:2 Certificate of Adoption; Official Form
DR114:3 Application for Certified Copy of Adoption Order; Official Form
DR114:4 Order for Certified Copy of Adoption Order; Official Form
DR114:5 Affidavit in Support of Petition to Vacate Adoption on Ground of Fraud
DR114:6 Petition for Access to Sealed Adoption Records; Official Form
DR114:7 Notice of Petition for Access to Sealed Adoption Records; Official Form
DR114:8 Affidavit of Service of Petition for Access to Sealed Adoption Records; Official Form
DR114:9 Waiver of Notice of Petition for Access to Sealed Adoption Records; Official Form
DR114:10 Waiver of Notice of Petition for Access to Sealed Adoption Records; Official Form

§ 115 General provisions relating to private-placement adoptions

DR115:1 Petition for Adoption (Private-Placement); Official Form
DR115:2 Affidavit Identifying Party (Private-Placement); Official Form
DR115:3 Supplemental Affidavit (Private-Placement); Official Form

§ 115-a Special provisions relating to children to be brought into the state for private-placement adoption

DR115-a:1 Affidavit in Support of Petition for Readoption of Child Whose Adoption Was Finalized in Foreign Country of Birth

§ 115-b Special provisions relating to consents in private-placement adoptions

DR115-b:1 Judicial Consent of Birth or Legal Parent to Private-Placement Adoption; Official Form
DR115-b:2 Judicial Consent of Birth or Legal Parent to Private-Placement Adoption by Step-Parent; Official Form
DR115-b:3 Extrajudicial Consent by Birth or Legal Parent to Private-Placement Adoption; Official Form
DR115-b:4 Extrajudicial Consent by Birth or Legal Parent to Private-Placement Adoption by Step-Parent; Official Form
DR115-b:5 Notice of Revocation of Private-Placement Adoption Consent by Birth Parents
DR115-b:6 Notice to Adoptive Parents of Revocation of Private-Placement Adoption Consent by Birth Parents
DR115-b:7 Notice of Hearing on Revocation of Consent to Adoption
DR115-b:8 Order of Dismissal Upon Revocation of Consent to Adoption

§ 115-c Temporary guardianship by adoptive parent

DR115-c:1 Petition for Temporary Guardianship; Official Form
DR115-c:2 Order of Temporary Guardianship; Official Form
DR115-c:3 Notice of Adoption Requirements Applicable to Temporary Guardianship Order; Official Form
DR115-c:4 Notice of Denial or Withdrawal of Adoption Application, Expiration of Temporary Guardianship and/or Removal of Child; Official Form
DR115-c:5 Affidavit of Change of Circumstances Since Certification as Qualified Adoptive Parent; Official Form

§ 115-d Petition for certification

DR115-d:1 Petition for Certification as Qualified Adoptive Parent; Official Form
DR115-d:2 Affidavit and Report of Disinterested Person-Certification Proceeding; Official Form
DR115-d:3 Order of Certification as a Qualified Adoptive Parent; Official Form
DR115-d:4 Order of Conditional Certification as a Qualified Adoptive Parent; Official Form
DR115-d:5 Petition for Extension of Expired Certification; Official Form
DR115-d:6 Affidavit of Disinterested Person in Support of Extension of Expired Certification; Official Form
DR115-d:7 Affidavit of Qualified Adoptive Parent as to Change of Circumstances Subsequent to Certification; Offical Form

§ 116 Orders of investigation and order of adoption

DR116:1 Order for Investigation in Private-Placement Adoption; Official Form
DR116:2 Request of Investigator in Private-Placement Adoption for Information from the N.Y.S. Central Register of Child Abuse and Maltreatment; Official Form
DR116:3 Order to Show Cause for Removal of Child from Adoptive Home in Private-Placement Adoption; Official Form
DR116:4 Order Removing Child from Adoptive Home in Private-Placement Adoption; Official Form
DR116:5 Report of Investigation in Private-Placement Adoption; Official Form
DR116:6 Order of Adoption: Private-Placement; Official Form

§ 117 Effect of adoption

DR117:1 Attorney’s Affidavit to New York State Unified Court System Applicable to Adoptions
DR117:2 Report of Adoption to New York State Department of Health; Official Form
DR117:3 Order Dismissing Custody Petition of Natural Mother on Basis of Lack of Standing

§ 140 Action for judgment declaring nullity of void marriages or annulling voidable marriage

DR140:1 Complaint in Action to Declare Nullity of Void Marriage; Former Spouse Living; Allegation of Fraud
DR140:2 Complaint in Action to Declare Nullity of Marriage of Plaintiff’s Spouse to Another
DR140:3 Complaint in Action by Infant to Annul Marriage for Nonage
DR140:4 Affidavit for Leave to Bring Action to Annul Marriage as Next Friend of Infant
DR140:5 Order Granting Leave to Bring Action to Annul Marriage by Next Friend of Infant
DR140:6 Complaint by Relative Having Interest to Annul Marriage of Mentally Ill Person
DR140:7 Answer in Action Brought by Relative to Annul Marriage of Mentally Ill Person
DR140:8 Complaint in Action for Annulment of Marriage on Ground of Physical Incapacity
DR140:9 Complaint in Action to Annul Marriage on Ground of Fraud; Misrepresentations in Order to Obtain Lawful Permanent Resident Status
DR140:10 Complaint in Annulment Action Based Upon Fraud; Representations as to Drug Habit
DR140:11 Complaint in Action to Annul Marriage; Force or Duress
DR140:12 Answer in Action to Annul Marriage for Fraud; Defenses of Cohabitation After Discovery of Fraud and Statute of Limitations
DR140:13 Allegation of Invalidity of Defendant’s Foreign Divorce

§ 143 Jury trial

DR143:1 Demand for Trial by Jury in Annulment Action

§ 144 Proof required

DR144:1 Affidavit of Regularity as to Service and Failure of Defendant to Appear in Annulment Action
DR144:2 Decision of Court in Action for Annulment of Marriage Upon Default

§ 170 Action for divorce

DR170:1 Uniform Uncontested Divorce Packet Filing Instructions; Official Form
DR170:2 Uniform Uncontested Divorce: Notice of Automatic Orders; Official Form
DR170:3 Uniform Uncontested Divorce: Notice Concerning Continuation of Healthcare Coverage; Official Form
DR170:4 Uniform Uncontested Divorce: Summons With Notice; Official Form
DR170:5 Uniform Uncontested Divorce: Summons; Official Form
DR170:6 Uniform Uncontested Divorce: Verified Complaint; Official Form
DR170:7 Uniform Uncontested Divorce: Affidavit of Service; Official Form
DR170:8 Uniform Uncontested Divorce: Sworn Statement of Removal of Barriers to Remarriage; Official Form
DR170:9 Uniform Uncontested Divorce: Affirmation (Affidavit) of Regularity; Official Form
DR170:10 Uniform Uncontested Divorce: Affidavit of Plaintiff; Official Form
DR170:11 Uniform Uncontested Divorce: Affidavit of Defendant in Action for Divorce; Official Form
DR170:12 Checklist of Requisite Data to Be Provided on Uniform Uncontested Divorce Child Support Worksheet
DR170:13 Uniform Uncontested Divorce: Child Support Worksheet; Official Form
DR170:14 Uniform Uncontested Divorce: Support Collection Unit Information Sheet; Official Form
DR170:15 Uniform Uncontested Divorce: Qualified Medical Child Support Order; Official Form
DR170:16 Uniform Uncontested Divorce: Note of Issue; Official Form
DR170:17 Uniform Uncontested Divorce: Findings of Fact and Conclusions of Law; Official Form
DR170:18 Uniform Uncontested Divorce: Judgment of Divorce; Official Form
DR170:19 Uniform Uncontested Divorce: Part 130 Certification; Official Form
DR170:20 Uniform Uncontested Divorce: Request for Judicial Intervention; Official Form
DR170:21 Uniform Uncontested Divorce: Notice of Entry; Official Form
DR170:22 Uniform Uncontested Divorce: Certificate of Dissolution of Marriage; Official Form
DR170:23 Uniform Uncontested Divorce: Unified Court System Child Support Summary Form; Official Form
DR170:24 Uniform Uncontested Divorce: New York State Case Registry Filing Form; Official Form
DR170:25 Uniform Uncontested Divorce: Income Withholding Order; Official Form
DR170:26 Uniform Uncontested Divorce: Income Withholding Order (Spousal Support Only); Official Form
DR170:27 Uniform Uncontested Divorce: Notice of Settlement; Official Form
DR170:28 Uniform Uncontested Divorce: Affidavit in Support of Application to Proceed as a Poor Person; Official Form
DR170:29 Uniform Uncontested Divorce: Poor Person Order; Official Form
DR170:30 Complaint in Action for Divorce on Grounds of Cruel and Inhuman Treatment; Allegations of Verbal and Physical Abuse
DR170:31 Complaint for Divorce on Grounds of Cruel and Inhuman Treatment; Allegations of Spousal and Child Abuse
DR170:32 Allegations of Cruel and Inhuman Treatment Including Alcohol Abuse
DR170:33 Allegations of Cruel and Inhuman Treatment, Including Allegations of Emotional and Physical Abuse and Refusal to Cohabit
DR170:34 Allegations of Shunning and Humiliation Constituting Cruel and Inhuman Treatment
DR170:35 Allegations of Public Humiliation and Threats Coupled With Medical Consequences Constituting Cruel and Inhuman Treatment
DR170:36 Findings of Fact and Conclusions of Law in Divorce Based on Cruel and Inhuman Treatment
DR170:37 Complaint by Husband Alleging Cruel and Inhuman Treatment
DR170:38 Complaint in Action for Divorce on Ground of Abandonment; Demand for Equitable Distribution, Maintenance and Child Support
DR170:39 Complaint in Action for Divorce on Ground of Abandonment Where Defendant Locked Plaintiff Out of Marital Home
DR170:40 Complaint in Action for Divorce on Ground of Constructive Abandonment
DR170:41 Complaint in Action for Divorce on Ground That Defendant Confined to Prison
DR170:42 Complaint in Action for Divorce on Ground of Adultery; Co-respondent Named; Demand for Equitable Distribution
DR170:43 Complaint in Action for Divorce on Ground of Adultery; Co-respondent Unknown; Demand for Equitable Distribution
DR170:44 Complaint in an Action for Divorce Obtained by Defendant, Based on Prior Decree of Separation
DR170:45 Complaint in Action for Divorce on Ground of Living Apart Pursuant to Separation Agreement
DR170:46 Complaint in Action for Divorce on Ground of Living Apart Pursuant to Separation Agreement

§ 171 When divorce denied, although adultery proved

DR171:1 Answer Containing Various Defenses to Action for Divorce on Ground of Adultery

§ 172 Co-respondent as party

DR172:1 Notice of Appearance by Co-respondent
DR172:2 Answer by Alleged Co-respondent in Action for Divorce

§ 175 Legitimacy of children

DR175:1 Provision in Judgment Finding Child Illegitimate


Vol 2.

§ 200 Action for Separation


DR200:1 Complaint for Separation on Ground of Cruel and Inhuman Treatment and Abandonment; Physical Abuse Perpetrated Upon Plaintiff
DR200:2 Complaint for Separation With Allegations of Cruel and Inhuman Treatment and Allegations as to Defendant’s Property
DR200:3 Complaint for Separation Alleging Abandonment
DR200:4 Complaint for Separation on Ground of Abandonment When Defendant Barred Plaintiff from Home
DR200:5 Complaint for Separation on Ground of Refusal to Support
DR200:6 Complaint for Separation on Ground of Adultery
DR200:7 Complaint for Separation on Ground That Defendant Confined to Prison
DR200:8 Complaint for Separation and to Set Aside Separation Agreement
DR200:9 Answer in Action for Separation and Defense of Lack of Statutory Grounds
DR200:10 Answer in Action for Separation and Defense of No Valid Marriage Between the Parties
DR200:11 Answer and Defenses in Action for Separation on Ground of Adultery
DR200:12 Answer and Defenses in Action for Separation on Ground of Defendant’s Imprisonment

§ 202 Defense of Justification

DR202:1 Answer in Action for Separation; Defense of Adultery by Plaintiff
DR202:2 Defense in Action for Separation Alleging Misconduct Consisting of Abandonment and Conduct Rendering Cohabitation Unsafe

§ 203 Judgment for Separation Revocable

DR203:1 Petition for Revocation of Judgment of Separation
DR203:2 Joint Affidavit in Support of Petition to Revoke Judgment of Separation
DR203:3 Order Revoking Judgment of Separation

§ 210 Limitations on Actions for Divorce and Separation

DR210:1 Answer in Action for Divorce or Separation and Defense of Statute of Limitations
DR210:2 Attorney’s Affirmation in Opposition to Motion to Dismiss Divorce Action
DR210:3 Attorney’s Affirmation in Opposition to Motion to Strike Allegations in Divorce Complaint

§ 211 Pleadings, Proof and Motions

DR211:1 Certification of Attorney
DR211:2 Plaintiff’s Request for Inquest Based on Written Submissions Pending Default Judgment
DR211:3 Order Denying Relief Based on Written Submissions and Requiring Oral Inquest
DR211:4 Notice of Inquest as to Pending Default Judgment
DR211:5 Order to Show Cause to Vacate Default Judgment
DR211:6 Affidavit in Support of Order to Show Cause to Vacate Default Judgment

§ 220 Special Proceeding to Dissolve Marriage on the Ground of Absence

DR220:1 Petition for Dissolution of Marriage on the Ground of Absence of Spouse

§ 221 Procedure

DR221:1 Order for Publication of Notice of Presentation and Object of Petition to Dissolve Marriage

§ 230 Required Residence of Parties

DR230:1 Allegation as to Residence in Complaint to Annul a Marriage or to Declare the Nullity of or for Divorce or Separation
DR230:2 Attorney’s Affirmation in Support of Motion to Dismiss Defense of Lack of Jurisdiction
DR230:3 Affidavit in Opposition to Motion to Dismiss Complaint on Ground That Plaintiff Did Not Meet Durational Residency Requirements When Plaintiff Relocated to New York State Less Than One Year
Prior to Commencing Divorce Action

§ 232 Notice of Nature of Matrimonial Action; Proof of Service

DR232:1 Affidavit of Personal Service of Summons in Matrimonial Action
DR232:2 Affidavit of Service of Summons and Complaint in Matrimonial Action
DR232:3 Affidavit by Plaintiff Spouse in Divorce Action on Motion to Have Affidavit of Service Declared Sufficient
DR232:4 Affidavit in Support of Motion to Vacate Default Judgment in Divorce Action on Ground That Order for Service by Publication Was Obtained Due to Fraud
DR232:5 Attorney’s Affirmation in Opposition to Motion to Set Aside Award of Equitable Distribution Based on Lack of Notice

§ 233 Sequestration of Defendant’s Property in Action for Divorce; Separation or Annulment When Defendant Cannot Be Personally Served

DR233:1 Provision in Sequestration Order Permitting Spouse to Occupy House
DR233:2 Provision in Judgment for Receivership Where Property Previously Sequestered
DR233:3 Affidavit in Support of Motion for Order to Sell Sequestered Property

§ 234 Title to or Occupancy and Possession of Property

DR234:1 Affidavit on Motion for Directions With Respect to Occupancy of Real Property
DR234:2 Provision in Judgment of Separation Directing Occupancy of Real Property
DR234:3 Affidavit on Motion to Annul, Vary or Modify Directions With Respect to Occupancy of Real Property
DR234:4 Affidavit in Support of Order to Show Cause Restraining Removal of Furniture During Divorce Proceeding
DR234:5 Answer to Action by Former Spouse Seeking to Partition Marital Residence
DR234:6 Affidavit in Support of Motion to Modify Judgment of Divorce
DR234:7 Affidavit in Support of Motion to Appoint Spouse as Temporary Custodian of Bank Accounts
DR234:8 Affidavit on Spouse’s Motion to Be Appointed Receiver of Family Business
DR234:9 Attorney’s Affirmation in Opposition to Motion for Preliminary Injunction Against Disposition of Property
DR234:10 Order Denying Post-Divorce Action for Equitable Rescission of Settlement Agreement
DR234:11 Affidavit by Plaintiff in Support of Motion Seeking Temporary Exclusive Use and Occupancy of Marital Residence During Pendency of Divorce Proceedings

§ 235 Information as to Details of Matrimonial Actions or Proceedings

DR235:1 Affidavit in Support of Motion to Close Hearing to the Public and to Seal the Record of the Proceeding
DR235:2 Attorney’s Affirmation in Support of Application for an Order Changing Case Name
DR235:3 Attorney’s Affirmation in Support of Motion to Compel Production of Records by Nonparty Witness
DR235:4 Affirmation of Counsel Regarding Forensic Reports

§ 236 Special Controlling Provisions; Prior Actions or Proceedings; New Actions or Proceedings

DR236:1 Statement of Net Worth; Official Form
DR236:2 Separation Agreement
DR236:3 Preliminary Conference Stipulation/Order Contested Matrimonial; Official Form
DR236:4 Notice of Entry of Automatic Orders; Official Form
DR236:5 Notice to Take Deposition Upon Oral Examination
DR236:6 General Form of Interrogatories of Party to Matrimonial Action
DR236:7 Interrogatories of Administrator of Pension Plan
DR236:8 Affidavit in Support of Motion to Compel Answers to Questions Propounded Upon Written or Oral Deposition or Interrogatories
DR236:9 Demand for Financial Disclosure
DR236:10 Demand for Address
DR236:11 Demand for Medical Reports and Records
DR236:12 Notice to Submit to Medical Examination
DR236:13 Stipulation to Obtain Financial Disclosure
DR236:14 Affidavit of Appraiser as to Value of Personal Property
DR236:15 Order to Show Cause on Motion by Defendant for Temporary Maintenance, Child Support, Exclusive Possession of Marital Residence, Counsel Fees and Other Related Relief
DR236:16 Affidavit in Support of Motion to Enjoin Dissipation of Marital Assets
DR236:17 Attorney’s Affirmation in Support of Motion to Establish Date Applicable to Equitable Distribution
DR236:18 Affidavit in Support of Party’s Allegation That Property Is Separate Property
DR236:19 Spousal Affidavit in Support of Motion to Remain in Marital Residence Until Minor Child Achieves Majority
DR236:20 Complaint for Declaratory Judgment That Plaintiff Is Entitled to Pension Benefits of Former Spouse
DR236:21 Answer to Action to Set Aside Separation Agreement for Fraud and Defense of Statute of Limitations
DR236:22 Answer to Action for Partition of Marital Residence and Defense That Tenancy by the Entirety Not Severed
DR236:23 Order to Show Cause for Temporary Relief
DR236:24 Affidavit in Support of Motion for Temporary Relief
DR236:25 Temporary Maintenance Guidelines Worksheet October 2010
DR236:26 Temporary Maintenance Guidelines Worksheet October 2015
DR236:27 Post-Divorce Maintenance/Child Support Worksheet
DR236:28 Order Appointing Appraiser—Short Form
DR236:29 Order Appointing Appraiser—Long Form
DR236:30 Annual Income Worksheet; Official Form
DR236:31 Maintenance Guidelines Worksheet; Official Form
DR236:32 Child Support Worksheet; Official Form

§ 237 Counsel Fees and Expenses

DR237:1 Statement of Client’s Rights and Responsibilities; Official Form
DR237:2 Retainer Agreement
DR237:3 Notice of Client’s Right to Arbitrate
DR237:4 Requisite Provision in Complaint by Attorney Against Client to Recover Fee
DR237:5 Clause in Marital Agreement Precluding Court Award of Counsel Fees
DR237:6 Stipulation Agreeing That Counsel Fees May Be Determined Upon Affidavits Without Evidentiary Hearing
DR237:7 Interim Counsel Fee Order
DR237:8 Attorney’s Affirmation in Support of Post-Judgment Motion for Counsel Fees on Ground of Reservation of Issue
DR237:9 Attorney’s Affirmation in Opposition to Post-Judgment Motion for Counsel Fees and Request for Hearing
DR237:10 General Form of Spousal Affidavit in Support of Motion for Temporary Counsel and Expert Fees
DR237:11 General Form of Affidavit of Expert Witness in Support of Motion for Temporary Fees
DR237:12 Affidavit of Attorney on Motion for Temporary Counsel Fees
DR237:13 Affidavit of Wife/Husband on Application for Counsel Fees to Defend Appeal by Husband/Wife from Order Denying Motion to Reduce Maintenance
DR237:14 Supporting Affidavit of Attorney on Application for Counsel Fees to Defend Appeal by Spouse from Order Denying Motion to Reduce Maintenance
DR237:15 Attorney’s Directions to Accountant Detailing Financial Data Required
DR237:16 Accountant-Client Agreement
DR237:17 Attorney’s Affirmation in Opposition to Request for Counsel Fees on Ground of Prenuptial Agreement
DR237:18 Attorney’s Affirmation in Opposition to Request for Counsel Fees on Ground of Frivolous Request for Relief
DR237:19 Order Awarding Counsel Fees Due to Dilatory Conduct of Opposing Party

§ 238 Expenses in Enforcement and Modification Proceedings

DR238:1 Complaint for Arrears in Alimony, Medical Expenses and Counsel Fees
DR238:2 Default Provision in Stipulation of Settlement Regarding Attorney’s Fees

§ 239 Stay in Divorce or Separation Action on Default of Payment

DR239:1 Affidavit of Creditor Spouse in Support of Application to Stay Divorce or Separation Action
DR239:2 Affidavit of Debtor Spouse in Opposition to Application to Stay Divorce or Separation Action
DR239:3 Affirmation of Attorney in Opposition to Application to Stay Divorce or Separation Action

§ 240 Custody and Child Support; Orders of Protection

DR240:1 Separation Agreement; Joint Custody and Visitation Clauses
DR240:2 Custody Agreement Provisions; Visitation to Vary Depending Upon Age of Child
DR240:3 Joint Custody Agreement Provisions
DR240:4 Child Support Provisions in Separation Agreement
DR240:5 Affidavit in Opposition to Motion for Modification of Child Support Provisions of Parties’ Stipulation
DR240:6 Attorney’s Affirmation in Opposition to Motion to Modify Child Support to Compel Payment of Private Education Costs
DR240:7 Order Appointing Attorney for Minor Children
DR240:8 Affidavit in Opposition to Motion to Modify Judgment as to Custody of Child
DR240:9 Affidavit of Noncustodial Parent in Opposition to Custodial Parent’s Motion to Relocate With Child Within New York State
DR240:10 Attorney’s Affirmation in Opposition to Motion to Enjoin Relocation
DR240:11 Order Directing Parent to Return Children to New York State or Custody to Be Awarded to Other Parent
DR240:12 Answer to Action for Rescission of Custody Agreement and Defense of Collateral Estoppel
DR240:13 Order Awarding Joint Legal Custody to Both Parents
DR240:14 Provisions in Court Order Conditioning Visitation on Compliance With Various Limitations
DR240:15 Parenting Plan
DR240:16 Stipulation for Referral to Family Case Analyst
DR240:17 Order for Referral to Family Case Analyst
DR240:18 Order for Supervised Visitation
DR240:19 Petition to Family Court for Custody or Visitation
DR240:20 Family Court Order Directing Custody or Visitation

§ 240-a Judgment or Decree; Additional Provision

DR240-a:1 Judgment Provision as to Party’s Right to Resume Former Name

§ 240-b Order of Support by Parent

DR240-b:1 Decretal Provision in Support Order as to Name and Address of Employer

§ 240-c Review and Cost of Living Adjustment of Child Support Orders

DR240-c:1 Objection to Cost of Living Adjustment to Child Support Order
DR240-c:2 Family Court Temporary Order of Support and Referral
DR240-c:3 Family Court Order of Support
DR240-c:4 Petition for Modification of an Order of Support

§ 241 Interference With or Withholding of Visitations Rights; Alimony or Maintenance Suspension

DR241:1 Affidavit in Support of Motion to Suspend Alimony Payment or Maintenance for Wrongful Interference With or Withholding of Non-Custodial Parent’s Visitation Rights
DR241:2 Affidavit of Custodial Parent in Opposition to Motion to Suspend Alimony or Maintenance
DR241:3 Order Suspending Obligation to Pay Child Support

§ 243 Security for Payments by Defendant in Action for Divorce, Separation or Annulment; Sequestration

DR243:1 Order to Show Cause Why Defendant Should Not Give Security for Payment of Maintenance Due and to Become Due
DR243:2 Affidavit in Support of Motion for Security for Maintenance and Counsel Fees
DR243:3 Affidavit in Support of Motion for Sequestration and Appointment of Receiver for Failure to Make Payments
DR243:4 Affidavit in Opposition to Motion for Sequestration of Interest in Marital Residence
DR243:5 Attorney’s Affirmation in Opposition to Motion for Appointment of Receiver for Defendant’s Business
DR243:6 Attorney’s Affirmation in Support of Motion for Joinder of Third Party Transferee of Property and Request for Hearing

§ 244 Enforcement by Execution of Judgment or Order in Action for Divorce, Separation or Annulment

DR244:1 Order to Show Cause Pursuant to DRL § 244 as to Unpaid Financial Obligation
DR244:2 Affidavit in Opposition to Motion for Arrears and Request for Hearing
DR244:3 Affidavit in Support of Cross Motion to Offset Moving Party’s Use and Occupancy of Marital Residence Against Alleged Arrears
DR244:4 Judgment for Arrears and Statutory Prejudgment Interest Due to Willful Default of Obligated Spouse
DR244:5 Petition to Family Court for Enforcement of Support Order Made by Another Court
DR244:6 Order on Petition for Enforcement of Support Order Made by Another Court

§ 244-a Enforcement of Arrears Which Accrue During Pendency of an Enforcement Proceeding

DR244-a:1 Notice of Intention to Amend Application for Enforcement to Include Additional Arrears Accruing Subsequent to the Commencement of the Enforcement Proceeding

§ 244-b Child Support Proceedings and Enforcement of Arrears; Suspension of Driving Privileges

DR244-b:1 Order to Licensing Entity to Suspend Privileges of Party Owing Support Arrears
DR244-b:2 Order to Licensing Entity to Terminate Suspension

§ 245 Enforcement by Contempt Proceedings of Judgment or Order in Action for Divorce, Separation or Annulment

DR245:1 Affidavit on Application for Order to Show Cause to Punish Defendant for Contempt for Failure to Pay Alimony or Maintenance
DR245:2 Attorney’s Affidavit in Support of Motion to Enforce Contempt Proceedings
DR245:3 Order Denying Application for Enforcement by Contempt Due to Failure by Moving Party to Demonstrate Exhaustion of Less Drastic Methods
DR245:4 Order Denying Application for Enforcement by Contempt in Absence of Clear and Unequivocal Mandate
DR245:5 Order of Contempt and Arrest

§ 246 Persons Financially Unable to Comply With Orders or Judgments Directing the Payment of Alimony

DR246:1 Order to Show Cause Why Judgment of Separation or Divorce Should Not Be Modified as to Payment of Alimony and Relieving Defendant of Contempt Order
DR246:2 Affidavit in Support of Motion to Be Relieved from Contempt Order for Nonpayment of Alimony Where Defendant Is Financially Unable to Pay
DR246:3 Affidavit on Application by Plaintiff to Modify or Revoke Order Relieving Defendant from Making Payment of Alimony Due to the Defendant’s Obtaining Gainful Employment
DR246:4 Affidavit of Physician Establishing Medical Disability of Party Subject to Contempt Order for Failure to Satisfy Court-Ordered Payments

§ 247 Alimony or Maintenance Payments Suspended During Confinement in Prison

DR247:1 Affirmation of Counsel Representing Defaulting Spouse Who Is Currently Incarcerated

§ 248 Modification of Judgment or Order in Action for Divorce or Annulment

DR248:1 Clause in Marital Agreement Controlling Definition of “Cohabitation” of Spouse
DR248:2 Order Terminating Spousal Support on Grounds That Spouse Is Habitually Living With Another Person and Holding Himself or Herself Out as His or Her Spouse

§ 249 Trial Preferences in Matrimonial Actions

DR249:1 Affidavit in Support of Motion for Preference in Trial of Matrimonial Action
DR249:2 Order Granting Motion for Calendar Preference in Trial of Matrimonial Action
DR249:3 Note of Issue; Official Form

§ 250 Agreements Relating to Marriage; Statute of Limitations

DR250:1 Answer in Action for Divorce and Defense of Statute of Limitations

§ 251 Filing of Order in Family Court

DR251:1 Order of Supreme Court to Plaintiff’s Attorney as to Filing of Order in Family Court

§ 252 Effect of Pendency of Action for Divorce, Separation or Annulment on Petition for Order of Protection

DR252:1 Temporary Order of Protection Pursuant to DRL § 252; Official Form
DR252:2 Order of Protection Pursuant to DRL § 252; Official Form

§ 253 Removal of Barriers to Remarriage

DR253:1 Allegations in Complaint That Plaintiff Will Remove Religious Barriers to Defendant’s Remarriage
DR253:2 Sworn Statement That Plaintiff Has Removed Barriers to Defendant’s Remarriage
DR253:3 Affidavit of Clergyperson as to Plaintiff’s Failure to Take All Steps to Remove Barriers to Remarriage
DR253:4 Defendant’s Waiver of Statutory Requirements
DR253:5 Affidavit of Party in Support of Contempt Application
DR253:6 Order Directing Party to Cooperate in Obtaining a Get
DR253:7 Order Awarding Assets to Former Spouse Due to Party’s Failure to Deliver a Religious Divorce Within Requisite Time Period
DR253:8 Sworn Statement of Removal of Barriers to Remarriage

§ 254 Confidentiality

DR254:1 Address Confidentiality Affidavit
DR254:2 Address Confidentiality Order
DR254:3 Application for Address Confidentiality Program
DR254:4 Change/Withdrawal Notice for Address Confidentiality Program
DR254:5 Confirmation of Participant Information for Address Confidentiality Program
DR254:6 Application to Become an Application Assistance Provider for Address Confidentiality Program
DR254:7 Law Enforcement Request for Disclosure of Participant Information for Address Confidentiality Program
DR254:8 Application for Adding Household Members for Address Confidentiality Program

§ 255 Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage

DR255:1 DRL § 255 Addendum; Official Form