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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
    Assets include automobiles, bank accounts & financial assets, business interests, pensions, retirement accounts, real estate, rented homes and other assets, stuff & personal property. Debts include mortgages, credit cards, car loans, etc.
    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
    $