INSTRUCTIONS

You first need to staple a notary form for each spouse (unless you are filing with an absent spouse) to the Petition or Complaint for Divorce.

Another notary form for each should be attached to the Marital Property Settlement.

And the final notary forms to the Separation Agreement.

You will need to staple one notary form for the defendant to the Waiver.

Appearing in court to obtain your divorce may be the most stressful part of the entire divorce process. This is natural. You may be unfamiliar with court proceedings and the courtroom atmosphere can be imposing.In all actuality, there is little to fear. If you are unrepresented, the judge will take this into consideration and assist you through the procedure.

1. Make certain that all documents are properly completed, signed and notarized where required.
2. Make two additional copies of all documents for your files and a copy for your spouse.
3. File all original documents with the court. This will usually be everything EXCEPT the Decree of Dissolution or Final Judgment.
4. Schedule the hearing date. Some courts automatically set the hearing date, but in most others you must formally request a hearing. The court clerk can advise you on the exact procedure to follow in your state. Usually a formal request is very simply telling the clerk that you would like to set a hearing date.
5. On your hearing date, bring all documents to court that are not already on file.
6. Arrive early on the hearing date. This will give you the opportunity to observe additional hearings. Also, you will need to check in with the clerk in advance of the hearing.
7. Sometimes, Judges will want changes made in the agreement or final divorce judgment. If these changes are minor, the court may accept handwritten modifications made in the courtroom. More substantive changes will require re-draft and presentation again to the judge. This should be rescheduled as soon as possible.

   
   Complaint for Divorce
   This is the principal divorce document. This is your formal request to the court to terminate or dissolve your marriage.

   
   Barriers Affidavit
   New York law requires that the plaintiff, the person actually filing the divorce to file a signed affidavit agreeing to remove religious barriers to remarriage.

   The New York requirement was adopted primarily to protect Jewish women. Under some circumstances, a Jewish man can keep a Jewish woman from being able to remarry even after a 'legal' divorce has been granted, by preventing a religious divorce.

   The Roman Catholic religion has its own form of religious divorce called an 'annulment', but unlike the Jewish religion, Catholic divorces cannot be stopped because one person opposes the divorce.

   To simplify things, everyone filing for divorce, regardless of their religion, must file the affidavit agreeing to remove religious barriers to remarriage.

   Separation Agreement
   A divorce requires that some sort of 'legal grounds', or reason, for the divorce be stated. Unlike many states, New York does not have a divorce based on 'irreconcilable differences'. New York's only version of 'no fault' divorce is "living separate and apart under a separation agreement for one year". A true no fault divorce in New York requires the parties to wait a year after signing their separation agreement before they can file for divorce.

   In upstate counties, the courts require the separation agreement be filed in the county clerk's office for a year before a divorce can be filed. In the downstate counties of New York, Long Island, Westchester, Putnam, Dutchess, Rockland or Orange, the separation agreement is filed at the same time the initial divorce papers are filed.

   Waiver or Answer (Affidavit in Support of Judgment)
   This form can be used by your spouse to avoid formal service by summons.

   You will find just one Waiver for the Defendant. This waiver must be signed in front of a notary AFTER the Complaint for Divorce has been filed. It is best to file this the day after the Complaint has been filed.

   With this document, the signing spouse formally submits himself/herself to the jurisdiction of the court and acknowledges the validity of the divorce or any other order issued by the court.

   In an uncontested divorce, this document will make it easier to process. Once the respondent spouse signs this document, he or she need not participate any further in the divorce proceedings.

   
   Final Divorce Judgment or Decree
   Once the court decides that you qualify for divorce, the judge will sign the Final Judgment or Decree of Dissolution as it is sometimes called. This document formalizes the divorce.

   You will need this document at your court hearing as it is then that the Judge usually signs it. Of course, if the Judge changes terms (such as custody or child support) he may alter your documents with these changes and ask that you prepare new documents reflecting these changes.

   
   Marital Settlement Agreement
   The Marital Settlement Agreement simply reduces to writing what you and your spouse has agreed upon.

   It must be remembered that for the agreement to be approved by the court, the court must agree that the interests of the minor children are properly protected in terms of custody, visitation and support.

   The court must also believe that the agreement is basically fair and neither party used fraud, coercion or threat in reaching the agreement.

   
   Financial Affidavits
   The enclosed Financial Affidavits are always necessary if there are children involved in the divorce proceedings. Additionally, some counties require them regardless of the matters being divided in the court documents. We have included these just in case your county will require these. Please feel free to call your county clerk's office to for your particular counties requirements. If the financial affidavits are a requirement, you will need to complete them to the best of your ability and file them at the courthouse with your Petition (Complaint) and other documents.

   Thank you for requesting our services. Should you have any questions, please don't hesitate to ask. We may be reached by telephone at (334) 625-3539 or by email at: divorce@iimagers.com