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Divorce Workbook

Divorce Workbook

Introduction

Asterisks (*) indicate required answers.

If you should have any questions, feel free to call our office for help.

Please choose a residency option
Notices and Warning

WARNING: under the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015), you should be aware that you may be obligated to pay or entitled to receive spousal maintenance for the amounts and times indicated in your annual income worksheet, form UD-8(1), and your maintenance guidelines worksheet, form UD-8(2). If you request to pay or receive post-divorce maintenance (alimony) and your spouse will not sign the divorce documents, you understand and agree that we charge significant additional fees to prepare the default divorce documents. Also be warned that the court may order you to appear at a divorce hearing (called an inquest) and you may be ordered to show proof of your income amounts. Also, you understand and agree that it is possible that your divorce papers may be returned by the court for additional information from you, causing additional delays in getting your divorce finalized, and additional fees may apply.

Information About You (The Plaintiff)

If you have a PO Box the court also requires your physical address. Use Address Line 2 for PO Box information

If you have an apartment number, you must include it in address #2

NOTICEGross income is the total amount a party is paid or his or her total salary before any taxes or deductions for health insurance or other benefits are taken. We will calculate the parties’ AGI (adjusted gross income) amount for child support and maintenance purposes based on the 7.65% (6.2% for social security tax and 1.45% for Medicare tax) taxes that are commonly withheld for most taxpayers.

Your Confidential Information
Information About Your Spouse (The Defendant)

WARNINGif your spouse will not sign the divorce documents, you can still get a divorce BUT you understand and agree that we will prepare your final divorce papers to conform with all applicable New York state laws and regulations: child support pursuant to CSSA guidelines, alimony pursuant to Maintenance Guidelines (if applicable), and pro-rata division of health insurance premiums, unreimbursed health related expenses, child care expenses, extraordinary expenses, etc. WARNING: if your spouse will not sign, you understand and agree that the Court might ask additional questions, your case might be delayed, and additional fees may apply.

The court requires your spouse’s CURRENT address and not a “last known” address.

If you have a PO Box the court also requires your physical address. Use Address Line 2 for PO Box information.

If your spouse has an apartment number, you must include it in address #2

NOTICEGross income is the total amount a party is paid or his or her total salary before any taxes or deductions for health insurance or other benefits are taken. We will calculate the parties’ AGI (adjusted gross income) amount for child support and maintenance purposes based on the 7.65% (6.2% for social security tax and 1.45% for Medicare tax) taxes that are commonly withheld for most taxpayers.

Your Spouse's Confidential Information
Information About the Divorce
Information about You Required for Filing in Montgomery
Information about Your Spouse Required for Filing in Montgomery
Information about the Marriage
Existing Agreements
Spousal Maintenance (Alimony)
Pending Family Court Litigation about Alimony

If the above pending family court matter becomes finalized, you must submit a copy of the finalized family court order to our office within 3 business days of the date of the unsigned or signed order (fax, email or drop off). Once you do receive the signed finalized family court order, fax, email or drop it off as it is required for the final divorce filing. Please note, we will need to retype some or all of your divorce forms to reflect the new court order information and there will be an additional change fee.

The end date is determined by the New York State Maintenance Guidelines Law Formula.

Payor's Employer
If you plan on having the county Child Support Collection Unit collect the alimony from this party, then this party's employer's information is required.
Children
The Children
Child #1
Child #1 previous address
Health Insurance For The Children
Children's Health Insurance Company Information

We will file your document without the heath insurance company address, however, the court may require it after filing.

Custody of the Minor Children (Under Age 18)
Custody warning if your spouse won't sign

You understand and agree that if your spouse won’t sign the divorce papers, you are advised that the Court will generally only order you to have physical custody of the child(ren). If you choose your spouse to have physical custody and your spouse won’t sign, the Court might ask you to change your documents and/or request further information, causing delays in getting a divorce and costing you additional fees.

Visitation with the Minor Children (Under Age 18)
Detailed Visitation Schedule for the Non-Custodial Parent
A. Every other weekend
B. Midweek visit
C. Parent's Day
D. Every other major holiday
E. Children’s birthdays
F. Parent's Birthday
G. Summer Vacation
H. Confirmation
I. State Restrictions
J. County Restrictions
K. Transportation
L. Other
Child Support
Notice & Warnings about Income Amounts & Child Support

WARNING: if your spouse will not sign, you understand and agree that we will prepare your final divorce papers to conform with all New York State laws and regulations: child support shall be pursuant to CSSA guidelines, alimony shall be pursuant to Maintenance Guidelines, and health insurance premiums, unreimbursed health related expenses, child care expenses, extraordinary expenses, etc., shall be divided on a Pro-Rata basis.

Please pick a child support option
Payor's Employer
If you plan on having the county Child Support Collection Unit collect the child support from this party, then this party's employer's information is required.

By choosing DEVIATION AGREEMENT, you understand and agree that the court will carefully review your deviation agreement, and you understand and agree that the Court might request additional information from you. You further understand and agree that this can cause your case to be delayed for a significant amount of time. You understand and agree that additional processing fees will apply if your case is returned for this reason.

The parties want the court to approve a child support amount that differs or deviates from the NY State Child Support Guidelines in the Child Support Standards Act for the following reasons
Check all that apply
Child Care & Day Care (this is in addition to the child support payments)
Educational & Extraordinary Expenses (this is in addition to the child support payments)
College Expenses for the Kids (this is in addition to the child support payments)
Life Insurance
Your information: [DRL § 240 1 (a-1) and DRL § 240 1 (a)]
Orders of protection against you

If you don't include the docket #s and index #s, we will still file your divorce, however the court might require it after filing.

Order of protection against you #1
Orders of protection protecting you
Order of protection protecting you #1
Child Abuse Neglect Proceedings
Child abuse neglect proceeding #1
New York State's Sex Offender Registration Act
Your Spouse's Information: [DRL § 240 1 (a-1) and DRL § 240 1 (a)]
Orders of protection against your spouse
If you don't include the docket #s and index #s, we will still file your divorce, however the court might require it after filing.
Order of protection against your spouse #1

OR

Orders of protection protecting your spouse
If you don't include the docket #s and index #s, we will still file your divorce, however the court might require it after filing.
Order of protection protecting your spouse #1
Child Abuse Neglect Proceedings
Child abuse neglect proceeding #1
New York State's Sex Offender Registration Act
Important Questions about Family Court regarding custody, visitation or child support
Pending Family Court Litigation about Custody, Visitation or Child Support

IF THE ABOVE PENDING FAMILY COURT MATTER BECOMES FINALIZED, YOU MUST SUBMIT A COPY OF THE FINALIZED FAMILY COURT ORDER TO OUR OFFICE WITHIN 3 BUSINESS DAYS OF THE DATE OF THE UNSIGNED OR SIGNED ORDER (fax, email or drop off). ONCE YOU DO RECEIVE THE SIGNED FINALIZED FAMILY COURT ORDER, FAX, EMAIL OR DROP IT OFF AS IT IS REQUIRED FOR THE FINAL DIVORCE FILING. PLEASE NOTE, WE WILL NEED TO RETYPE SOME OR ALL OF YOUR DIVORCE FORMS TO REFLECT THE NEW COURT ORDER INFORMATION AND THERE WILL BE AN ADDITIONAL CHANGE FEE.

Assets & Debts
Debts
Debt 1
Automobiles
Vehicle 1
Bank Accounts & Financial Assets
Business Interests
Business Interest 1
Pension Plans (Defined Benefit Plans)
Your Pension Plan
We will file your documents without the ID #, however the court might require it after filing.
Your Spouse's Pension Plan
We will file your documents without the ID #, however the court might require it after filing.
Retirement Savings Plans (Defined Contribution Plans)
Your Retirement Savings Plan
We will file your documents without the ID #, however the court might require it after filing.
Your Spouse's Retirement Savings Plan
We will file your documents without the ID #, however the court might require it after filing.
Home and Real Property Ownership
Home 1
Mortgage Information
Division of the Home/Real Property
Apartment - Rented Home
Other Assets, Stuff & Personal Property
Item 1
Courier Fee
There are typically 4 court courier trips involved in the divorce process. We The People offers court courier services and we only charge you for 3 trips at $25.00 each.
Agreement

I understand “We The People”, (the Company)” will complete the document as stated on this receipt with information supplied by me for the purpose of representing myself, (Pro Se).

Any fees pursuant to this purchase are for computer time & document typing and do NOT include filing fees required by the court, state or any third party fees for providers, (e.g., courier fees, process servers, publications costs).

The Resource Attorney is available to answer "general" questions about the law, the Resource Attorney will NOT provide legal advice or represent you in court. The Resource Resource is NOT an employee of The Company.

I hereby agree to assume all responsibility associated with the information in the preparation of the documents.  I further agree to read and approve all documents prior to signing.  If any disputes arise between the parties hereto, venue shall lie in ALBANY COUNTY, State of New York.  In consideration of the foregoing, I make my authorization.

The Company will use its best efforts to prepare documents in a timely fashion; no guarantee has been made regarding the time of completion and/or filing of documents on my behalf. I further understand that The Company has made NO representations regarding the successful outcome (or otherwise) of my legal matter.

The aforementioned as well as the following terms are understood and agreed by “The Company" and me therefore by signing below, I understand and acknowledge the all of the terms contained in this contract:  

  • The Company is not a law firm & its owners/staff members are NOT lawyers.
  • The Company cannot select legal documents for me.
  • The Company cannot represent me in court.
  • The Company cannot advise me about my legal rights or the law.
  • I am solely responsible for the information provided for the preparation of the documents.  

*FOR DIVORCE CUSTOMERS- TERMS IF ALIMONY REQUESTED: If you’re requesting us to type terms for ALIMONY and your spouse does not sign & the file becomes a default divorce, there will be an ADDITIONAL FEE of $399. for preparation of your final documents.

  • If cancellations are requested, The Company will retain a $149.00 cancellation fee to cover administrative costs.
  • There are NO refunds once documents are typed.
  • If I provide The Company with inaccurate information in the workbook or if document changes are requested for any reason by me, the court or state, an amendment fee will be charged accordingly for retyping  (fees range from $179.-$249. per request).   
  • I must pick up the completed forms within 30 days from the date of notification by The Company. If I am unavailable or unreachable, I have the responsibility of calling or coming in to the office within 20 business days after such notification or 20 business days after my last dealing/communication with the office in order to inquire as to my document status.  

WARNING: IMPORTANT NOTICE REGARDING ALIMONY/MAINTENANCE.   UNDER THE NEW MAINTENANCE GUIDELINES LAW ([S. 5678/A. 7645], Chapter 269,Laws of 2015), YOU SHOULD BE AWARE THAT YOU MAY BE OBLIGATED TO PAY OR ENTITLEDTO RECEIVE SPOUSAL MAINTENANCE FOR THE AMOUNTS AND TIMES INDICATED IN YOUR ANNUAL INCOME WORKSHEET, Form UD-8(1), AND YOUR MAINTENANCE GUIDELINESWORKSHEET, Form UD-8(2).   

WARNING - All customers, including those with substantial differences in income levels (your income and your spouse’s income amounts are extremely different); if you are unsure as to how THE NEW MAINTENANCE GUIDELINES LAW applies to your legal forms preparation, please seek assistance or advice from an attorney prior to answering the workbook question regarding alimony/maintenance.   

You are solely responsible for instructing The Company regarding maintenance/alimony.  In the first set of divorce documents, we will have the UD8 (2) Form prepared containing the guideline calculation for your review.   If at this time, after your review of the guideline calculation, you then decide to make changes after your forms have been prepared; change fees will apply.

Next Steps

[office visits are not required, if you cannot make it in, we will mail the forms to you for signing]

1ST APPOINTMENT - will be approximately 5 business days after you’ve submitted your completed web form & checked out. This is the point when we will need your first court fee $210. MONEY ORDER ONLY & the messenger fee. Our office will contact you to set this appointment (or mail your forms to you). ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS

INDEX # - Once the 1st signing is complete, approximately 7 -14 business days later we will have your INDEX NUMBER FROM THE COURT. **This Index # Expires 120 Days From The Date The Court Issues It. This means you have 120 days to have your spouse sign or be processed served. - WE WILL CONTACT YOU once we have the INDEX # and we will go over the next scenarios BELOW:

YOU MUST HAVE 1 OF THE 2 FOLLOWING SCENARIOS PERFORMED “BEFORE” THE INDEX # EXPIRES IN 120 DAYS- (scenario #1 is if your spouse signs & scenario #2 is if your spouse refuses to sign & you have them processed served):

SCENARIO #1 - IF YOUR SPOUSE SIGNS WILLINGLYYOUR SPOUSE AGREES TO SIGN – they can come into our office (by appointment) for their signing or they can sign anywhere they choose “before” the 120 day index # expiration.  If your file involves property or children, you will sign as well (you do NOT have to sign at the same time) – ONCE YOUR SPOUSE SIGNS/NOTARIZES WE DO NOT NEED THEM TO SIGN ANY ADDITIONAL DOCUMENTS.  WE NEVER DEAL WITH YOUR SPOUSE DIRECTLY & THEREFORE WE DO NOT MAIL OR DELIVER DOCUMENTS TO YOUR SPOUSE FOR SIGNING

SCENARIO #1 - LAST SIGNING WITH YOU - Will be approximately 10-12 business days after your spouse signs.  This is the point when we will need your next court fee of $125. MONEY ORDER ONLY (this is an approximation; fees may vary by county more or less by $50) & the messenger fee. Our office will contact you to set this appointment (or mail your forms to you). ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS. Next, your final set of documents will be filed & we will wait for the court’s decision which may take an average of 8 weeks or so. The court will notify you once the Judge signs your papers & you must contact us once you receive the court’s notice. Lastly, the court fee for the Certified Copy of your Divorce Judgment ranges from $10- $55.

Next, your final set of documents will be filed & we will wait for the court’s decision which may take an average of 8 weeks or so. The court will notify you once the Judge signs your papers, you must contact us once you receive the court’s notice. Lastly, the court fee for the Certified Copy of your Divorce Judgment ranges from $10- $55.

OR

SCENARI0 #2YOUR SPOUSE DOES NOT WANT TO SIGN & WILL BE SERVED; you hire a PROCESS SERVER & have your spouse served with the divorce papers “before” the 120 day index # expiration date (we can recommend a process server, contact our office).  Keep in mind, when a party is processed served, there are waiting periods.

SCENARI0 #2 YOUR SPOUSE HAS BEED SERVED & DOES NOT RESPOND; they are now in default.  ONCE YOUR SPOUSE HAS BEEN SERVED, WE DO NOT NEED THEM TO SIGN ANY DOCUMENTS, WE CONTINUE THE PROCESS WITHOUT GETTING THEIR SIGNATURE.

SCENARIO #2 -LAST SIGNING WITH YOU -This appointment will be approximately 6 weeks after the date your spouse was served.  This is the point when we will need your next court fee $125. MONEY ORDER ONLY (this is an approximation; fees may vary by county more or less by $50) & the messenger fee. Our office will contact you to set this appointment (or mail your forms to you). ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS. (The approximate 6 week wait is due to the court’s rules regarding waiting periods after a party is process served)

Next, your final set of documents will be filed & we will wait for the court’s decision which may take an average of 8 weeks or so. The court will notify you once the Judge signs your papers, you must contact us once you receive the court’s notice. Lastly, the court fee for the Certified Copy of your Divorce Judgment ranges from $10- $55.

**NOTICE: If your spouse is process served as described in Scenario #2 but, DOES RESPOND, then at no additional charge we will prepare the proper forms & mail them to your spouse.  If your spouse DOES NOT REPOND after we have mailed these forms to them , we will continue your divorce process. Your last signing will be approximately 6 weeks after the date your spouse was served.  This is the point when we will need your next court fee $125. MONEY ORDER (this is an approximation; fees may vary by county more or less by $50) & the messenger fee. Our office will contact you to set this appointment (or mail your forms to you). ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS. (The approx. 6 week wait is due to the court’s rules regarding waiting periods after a party is process served)- Next, your final set of documents will be filed & we will wait for the court’s decision which may take an average of 8 weeks or so. The court will notify you once the Judge signs your papers, you must contact us once you receive the court’s notice. Lastly, the court fee for the Certified Copy of your Divorce Judgment ranges from $10- $55.

***NOTICE: If after we’ve mailed the forms as described in the above **NOTICE and your spouse RESPONDS to our mailing &/OR HIRES AN ATTORNEY AT THIS POINT, We The People can no longer continue servicing your file. But don't worry, we will provide you with all of the forms prepared up to this point so the fee you paid us is never wasted.

Required Services