Office Info
Phone: 516-493-3444
The Intake office handles ex-parte applications, requests for preliminary conference, motions, notes of issue, and incoming submissions on orders and judgments.
The Judgment office handles judgments and orders to be signed on contested and uncontested cases, as well as processing out-of-court work regarding court decisions and calendars.
Fees
- All fees should be paid prior submitting papers, and a receipt must be provided from the County Clerk. This office cannot process fees for the Index Number, RJI, or Note of issue.
Note: Checks for motion fees and Stipulation of Settlement fees will only be accepted if attached to an extra copy of the face page of the document. Otherwise, you must pay at the County Clerk and provide a receipt.
Note: Do not use the Request for Judicial Intervention contained in the Uncontested Divorce Packet for an application on a motion, Preliminary Conference or judgment in a Contested Matrimonial. Include the Matrimonial addendum when filing your RJI.
Orders to Show Cause (OSC)
- Chambers will conform the signed OSC’s by fax. A fax number should be on the legal back upon presentment of the OSC to the Clerk’s Intake Office. If the submitting party does not want the OSC conformed by fax, they must inform the Clerk’s Intake Office when the OSC is submitted. Please wait 48 hours before inquiring about a presented OSC that has not been received by fax.
- Make sure a certification is in the OSC pursuant to NYCRR 130-1.1-a.
- Make sure the accompanying affidavit or affirmation contains a statement pursuant to CPLR 2217(b).
- Make sure that you comply with Uniform Rule 202.7 (f) in regards to TRO’s. See the Court Notice section. ** Exparte changes in custody and exclusive occupancy are also covered.
- If there is a request for expedited handling of the OSC, there must be an affirmation or affidavit of emergency attached to the papers explaining the need for such expedited handling. The attorney, or someone with personal knowledge of the facts shall remain available at the direction of the court until the order has been signed.
- Any motion papers submitted shall be accompanied by a self addressed stamped envelope in order to receive a copy of the courts' decision.
- Completed copy of the Registry Information Sheet or Matrimonial addendum to RJI (where the relief sought is custody/visitation).
Writs of Habeas Corpus
- A new index number and Request for Judicial Intervention with proof of payment, as well as proof of the filing of a copy of the verified petition with the County Clerk is required. The RJI should make reference to any pending or previous matrimonial action, so NOTE: Checks for motion fees and Stipulation of Settlement fees will only be accepted if attached to an extra copy of the face page of the document. Otherwise, you must pay at the County Clerk and provide a receipt. NOTE: Do not use the Request for Judicial Intervention contained in the Uncontested Divorce Packet for an application on a motion, Preliminary Conference or judgment in a Contested Matrimonial. Include the Matrimonial addendum when filing your RJI. that it can be referred to the appropriate Justice, if necessary. Signed writs will not be faxed. They will be held in the Intake Office for pickup. The original writ is to be served with a copy of the petition. The court will retain a copy of the writ with the original petition.
- Completed copy of the Registry Information Sheet or Matrimonial addendum to RJI (where the relief sought is custody/visitation)
Orders of Protection
Applications for a temporary order of protection must include the following:
- an Order to Show Cause with an emergency affidavit
- a completed Family Protection Registry Information Sheet (available in Clerk’s Office)
- an affidavit in support which shall contain the allegations upon which the order of protection is sought as well as information concerning any other orders of protection issued between the parties, where they were issued, and whether they are active or not. (Attach prior orders or police reports as exhibits)
In addition, the applying party must be present in court at the time of the application to give testimony as to the allegations for the order of protection. If the party cannot appear at the time of application, please notify the clerk immediately.
Motions
- All papers submitted to the Court shall have the index number, return date, and name of the assigned Matrimonial Justice on its face. It shall also have valid proof of service attached. Papers lacking such information may be rejected.
- All motion papers are to be filed with the Matrimonial Intake Office at least five (5) business days before the return date.
- Any motion papers submitted shall be accompanied by a self addressed stamped envelope in order to receive a copy of the courts’ decision.
- Adjournments shall be directed to the courtroom clerk for the assigned Matrimonial Justice.
- New cases require an RJI be filed in (2 copies) together with receipt of the fee payment from the County Clerk.
- Completed copy of the Registry Information Sheet or Matrimonial addendum to RJI (where the relief sought is custody / visitation)
Preliminary Conference
All requests for Preliminary Conference shall be accompanied by:
- 2 copies of a Request for Judicial Intervention ("RJI") with receipt of payment of the statutory fee. (where case is unassigned).
- Proof of Service of RJI and Request for Preliminary Conference.
- Self- Addressed stamped envelope. Court will notify by an order setting conference date.
- Completed copy of the Registry Information Sheet or Matrimonial addendum to RJI (where there are children of the marriage subject to custody / visitation)
Notes of Issue
Where the court has directed a note of issue to be filed, submit:
- 2 copies of the note of issue/certificate of readiness, together with receipt of payment of the statutory fee, and proof of service.
- Statement of Proposed Disposition (on contested matrimonials)
- Copy of the certification memorandum “so ordered” by the assigned Matrimonial Justice.
Note: If seeking a "grounds trial" or inquest, please indicate that on the note of issue. Also, if directed to submit without a statement of proposed disposition or certification memo by the court, please submit a cover letter alerting the clerk’s office as to that.
Do not use the Note of Issue contained in the Uncontested Divorce Packet for a Contested Matrimonial.
Notice of Appearance / Change of Attorney / Retainer Agreements
- When submitting a Notice of Appearance or Change of Attorney, please submit 2 copies (one for the judge’s chambers and one to file in the County Clerk).
Note: If the Notice of Appearance or Retainer Agreement is not for the first attorney representing that litigant, please make sure you include the change of attorney form or court order relieving counsel.
Judgments and Orders
Please take notice that submission of a judgment or order must occur within 60 days of the court directing such submission. Failure to do so may result in the case being deemed abandoned pursuant to Uniform Rule 202.48.
Please refer to the Matrimonial Checklists, also available at the Matrimonial Center Clerk's Office.
- Judgments and Orders are to be submitted as originals under a legal back which lists the name address and phone number of the submitting party or attorney. {CPLR 2101 (d)}. Failure to submit papers in this manner may result in rejection by this office. Submission of fax copies as originals without good cause may not be accepted by the court. Illegible photocopies are not acceptable for submission.
- Judgments and Orders to be submitted pursuant a decision of the court must include a copy of such decision with the submission. If the decision is rendered on the record, you must submit a copy of the transcript, unless specifically waived by the court. Indicate such waiver in writing.
Qualified Domestic Relations Orders to be submitted for signature must include a notice of settlement date or waiver, proof of service, pre-approval by the plan administrator where possible, an affidavit or affirmation detailing the identity of the plan to be distributed, the valuation of the distribution (where the stipulation is not specific), as well as pedigree information concerning the parties and history of the divorce action (addresses, dates of commencement / divorce, etc.) A copy of the judgment and stipulation which authorizes the QDRO must also be submitted.
* See checklist available on the website, and at Matrimonial Center Clerk's Office
- All judgments and orders submitted for signature must be accompanied by a self addressed post card with the name of the case and index number on it. Upon the order or judgment being signed, the date of signature will be put on the card, and mailed out by the County Clerk. To follow up on status, you may either appear in person, send in a written inquiry with a self addressed envelope, or check the transmittal reports available on this site.
- Any counter-orders or judgments submitted, must include an affirmation or affidavit explaining the need for such submission, why a consent submission could not be agreed upon, and the differences in the submissions. By amendment to Uniform Court Rule 202.48, a marked copy of the counter submission showing the proposed changes to the judgment or order being objected to must also be submitted. Failure to do so may result in the rejection of your papers, or your papers not being considered by the Court. Any request for expedited handling must include an affirmation of emergency (on notice or by consent of the other party) or it will not be considered by the court.
- Amendments of orders / judgments require either consent or a formal motion for the relief.
- All matrimonial agreements must comply with DRL §177 (as replaced by DRL §255) - otherwise an addendum must be executed by the parties. See the notice contained in the Court Notice Section of the website for more information.
Please take notice that the Department of Health requires an original document when filing certificates of dissolution in a matrimonial action. You must use the form provided by the DOH, (form # DOH-2168), amended 5/2000. Photocopies will not be accepted. Forms are available at the Judgment Office and the County Clerk.
Uncontested Divorce packets are available at:
- Matrimonial Center Clerk’s Office
- Court Information Center (2nd floor Supreme Court - Nassau County)
- New York State Unified Court System Web Site (www.nycourts.gov)
- Supreme Court Clerk’s Offices throughout the state
*If you are requesting by mail, send in a written request with a self addressed 10 x 13 envelope with approx. $5.00 postage.