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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

    If you don't have one, enter "none."

    Warning: If you do have one, the court requires your Social Security number; enter it here to help avoid possible court delays/rejection & additional fees.

    $USD

    If blank, we will use $0 as your gross annual income.

    Warning: The court requires your income amount; enter it here to help avoid possible court delays/rejection & additional fees.

    NOTICE: Gross 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)

    (IF YOUR SPOUSE IS IN THE MILITARY - YOUR SPOUSE MUST CONSENT AND SIGN OUR PAPERS OR WE CAN’T HELP YOU)

    WARNING: if 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

    If your spouse doesn't have one enter "none." If you don't know it, enter "unknown."

    Warning: if your spouse does have a Social Security number, the court does require it; enter it here to help avoid possible court delays/rejection & additional fees. Once again, if you do not know it and cannot get it or your spouse does not have one, then we file your papers without it.

    $USD

    If blank, we will use $0 as your spouse’s gross annual income.

    Warning: The court requires your spouse’s income amount; enter it here to help avoid possible court delays/rejection & additional fees. If you are unsure about the exact amount provide an estimate.

    NOTICE: Gross 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

    If you chose to file in Fulton & your spouse will NOT sign, you might have to appear in court.

    Information about You Required for Filing in Fulton
    years old
    Information about Your Spouse Required for Filing in Fulton
    years old
    Information about the Marriage
    Existing Agreements

    (Separation Agreement, Settlement Agreement, Pre-Nuptial, Memorandum of Understanding signed & notarized by both parties)

    If NO, you must provide us with the ORIGINAL agreement by dropping it off in our office or mailing it to our office with signature confirmation.

    If YES, you must provide us a COURT STAMPED COPY of the agreement

    More information
    • Files must be less than 100 MB.
    • Allowed file types: pdf.
    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.

    $per month

    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

    In general, a child under 21 is emancipated if:

    • The child is married

    • The child is in the military,

    • The child finished 4 years of college,

    • The child is 18 years old and working full-time (summer or vacation jobs don't count), or

    • The child permanently leaves home and ended the relationship with both parents for no good reason (except if the child left home because of abuse by a parent or a similar reason)

    Child #1 previous address
    Health Insurance For The Children
    If no health plans are available to the parties through their employment, the above selected parent or the custodial parent shall apply to the state sponsored health insurance plan for coverage for the unemancipated children of the marriage. Any costs for this state sponsored insurance for the kids shall be divided 50% - 50% between the parties.
    %

    (Health-related expenses not covered by insurance: co-pays, prescriptions, dental, orthodontic, etc.)

    %
    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.

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

    $per month
    Custody of the Minor Children (Under Age 18)
    More information
    • Files must be less than 100 MB.
    • Allowed file types: pdf.

    (With whom will the kids live most of the time?)

    (Who will make the major decisions for the kids, for examples, education and health?)
    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)
    More information
    • Files must be less than 50 MB.
    • Allowed file types: pdf.
    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
    More information
    • Files must be less than 100 MB.
    • Allowed file types: pdf.
    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
    $USD
    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.
    To have your spouse pay your child support through the Support Collection Unit, there will be an additional filing separate from your divorce filing. We are able to do this separate filing for you for an additional fee of $49.00.

    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)
    %
    %
    $USD
    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

    If your OOP involves minor children, upload a copy. If you cannot obtain the copy, we will still file your documents, however, you risk court rejection.

    More information
    • Files must be less than 100 MB.
    • Allowed file types: pdf.
    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

    If your OOP involves minor children, upload a copy. If you cannot obtain the copy, we will still file your documents, however, you risk court rejection.

    More information
    • Files must be less than 100 MB.
    • Allowed file types: pdf.
    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
    $USD
    %
    %
    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.

    [Including but not limited to: IRA, 401(k), 403(b), Annuity, Profit Sharing Plan, SEP IRA, Keogh, etc.]

    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.
    $USD
    Your Spouse's Retirement Savings Plan
    We will file your documents without the ID #, however the court might require it after filing.
    $USD
    Home and Real Property Ownership
    Home 1
    Deed
    Mortgage Information
    $USD
    Division of the Home/Real Property
    $USD
    %
    %
    Apartment - Rented Home
    Other Assets, Stuff & Personal Property
    Item 1
    Courier Fee
    During the divorce process there’s typically four (4) messenger trips to the courthouse. We offer an optional economically priced messenger service, which includes messenger transportation / priority mailings during court business hours, document scanning / copying, court filing appointments (if applicable) and if there are lines at the counter, we wait for no additional charge. This flat fee covers all 4 court filings.
    Optional Rush Service
    Available in Albany, Schenectady, Rensselaer, & Saratoga Counties Only
    This service is an OPTIONAL, ADDITIONAL service and may significantly cut your overall divorce process time.
    Once you have submitted the completed workbook and sign the 1st set of documents, in 2 business days or less have we will have your 1ST set of documents filed & ready for your spouse to sign AND if your spouse is not willing to sign, the documents will be ready to be served.  
    The sole purpose of the rush divorce service option is to get your spouse’s part done as fast as possible.
    Once we have your spouse’s forms ready, we will need you to act fast as well!
    If your spouse is signing willingly & timely, finalization as soon as possible is our goal.
    If your spouse does not want to sign & is being served, finalization time may be extended.  Either way, your spouse’s documents will be ready to be served ASAP!
    Your spouse never needs to come into the We The People office; once your spouse signs or is served, We The People finishes the divorce process with only you! We have no further documents needed for your spouse to sign!
    ADDING THE RUSH PACKAGE TO YOUR DIVORCE SERVICE FOR THE ADDITIONAL $495 includes all the following:

    • 48 Hour Expedited Document Preparation
    • 48 Hour Expedited Supreme Court Messenger Filing Service for your Divorce Summons
    • 48 Hour Expedited Supreme Court Messenger Return Document Service

    Terms – We The People guarantees the preparation and filing of your forms at court within the 48 hour period.  However, if the NYS Supreme Court System or our processing department computers are down, we will, at the soonest time possible, get your paperwork ready/filed on the same priority basis.  Once your spouse signs or is served, typically, we have no further documents for spouse to sign; however, this is subject to court approval.  There are no refunds for Rush Service and in some circumstances the final decision may take approximately 16 weeks.  Even though our goal is having your spouse served as soon as possible, there is a 40-day mandatory court waiting period before the final filing.

    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 $249 - $289 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 appointments are NOT required. If you cannot make it in, we will EMAIL (whenever possible) or US MAIL the forms to you for signing]

    1ST APPOINTMENT - will be approximately 10-14 business days after you’ve submitted a complete questionnaire & have paid our preparation fee in full.  For this appointment you will need your first court fee of $210. Money Order only & messenger fees (unless they were already paid upfront).   Our office will contact you to set this appointment, or we can email you the forms for signing.  ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS.

    INDEX # - Approximately 10-14 business days after the 1st appointment, depending on the court, we will have your INDEX NUMBER FROM THE COURT.  If it comes in sooner, we will contact you ASAP!  **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 OBTAIN THE INDEX #.

    See 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 #1a - IF YOUR SPOUSE SIGNS WILLINGLY – YOUR SPOUSE AGREES TO SIGN – We will notify you once your spouse’s forms are ready for signing/notarizing. You can pick them up or we can email them to you so that you can get them to your spouse.  Your spouse may sign anywhere they choose “before” the 120 day index # expiration or they can come into our office by appointment only for their signing.  If your file involves property or children, you will sign as well (you do NOT have to sign at the same time as your spouse) – 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 #1b - LAST SIGNING WITH YOU - We will notify you approximately 14-21 business days after your spouse signs to set your appointment.  This is the point when we will need your next court fee of $125. Money Order Only ($125. is an approximation; fees may vary by county more or less by $50).  Our office will contact you to set this appointment or US mail your forms to you.  ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS.

    Next, this final set of documents will be filed & we will wait for the court’s decision which may take an average of 8-12 weeks or so, depending on the court’s schedule. The court will notify you once the Judge signs your papers & you must contact us when you receive the court’s notice. Lastly, the court fee for the Certified Copy of your Divorce Judgment ranges from $10- $55.

    OR

    SCENARI0 #2a – YOUR SPOUSE/DEFENDANT DOES NOT WANT TO SIGN & WILL BE SERVED; you utilize or 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 #2b – YOUR SPOUSE/DEFENDANT HAS BEED SERVED & DOES NOT RESPOND; Your spouse is now in default.  ONCE YOUR SPOUSE HAS BEEN SERVED, WE DO NOT NEED THEM TO SIGN ANY DOCUMENTS, WE CONTINUE THE PROCESS WITHOUT EVER GETTING THEIR SIGNATURE.

    SCENARIO #2c - LAST SIGNING WITH YOU - This appointment will be approximately  6-8 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).  Our office will contact you to set this appointment (or US mail your forms to you).  ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS.  (The approximate 6-8 week wait is due to the court’s rules regarding waiting periods after a party is process served)

    Next, this final set of documents will be filed & we will wait for the court’s decision which may take an average of 8-12 weeks or so, depending on the court’s schedule. The court will notify you once the Judge signs your papers & you must contact us when 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 and DOES RESPOND, then at no additional charge we will prepare VC forms & serve your spouse via US MAIL.   If your spouse DOES NOT REPOND after we have them served via US MAIL with the VC Forms, we will continue your divorce process as stated without your spouse’s signature.  Your last signing will be approximately 6-8 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) Our office will contact you to set this appointment (or US mail your forms to you).  ONLY YOU (Not your spouse) WILL SIGN THIS SET OF DOCUMENTS.  (The approx. 6-8 week wait is due to the court’s rules regarding waiting periods after a party is process served)-

    Next, this final set of documents will be filed & we will wait for the court’s decision which may take an average of 8-12 weeks or so, depending on the court’s schedule. The court will notify you once the Judge signs your papers & you must contact us when 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 being served your spouse hires an attorney to contest the divorce, We The People can no longer continue servicing your file. But don't worry, we will provide you with copies of all the forms we prepared up to this point so that the fee you paid us is never wasted.

    Required Services
    Reminders

    If your spouse is in the military and will not sign the divorce papers, We The People cannot help you.

    Either you or your spouse must be a resident of New York State.

    or