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Divorce Workbook

Divorce Workbook

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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