Matrimonial (Divorce) Support Bureau

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Related Information:

Overview

The Matrimonial Support Bureau is responsible for the review and processing of all uncontested actions for divorce, annulment, and separation that are filed in the county of the Bronx. In addition, this department reviews final papers submitted after inquest or trial in all contested matrimonial actions, and provides procedural information regarding matrimonial matters to attorneys and the public.

Thomas P. Lavin
718-618-1340

General Information

Divorce Forms and Resources

Case Management Flow Chart

Contested Matrimonial Checklist

QDRO Checklist

Uncontested Divorce instruction booklet

Uncontested Divorce Program (DIY Program)

Uncontested Matrimonial Checklist

Uncontested Matrimonial Flow Chart

Matrimonial FAQs

1. How do I file for an uncontested divorce and how much does it cost?

If you would like to file for divorce and your spouse does not intend to contest the divorce, you may pick up an Uncontested Divorce Packet from the Office of the Self Represented in Room 121. There is no fee for the packet. Uncontested divorce forms are also available on the court’s website at www.nycourts.gov. The total court fees for an uncontested divorce will be a minimum of $335.00. This includes the $210.00 index # filing fee required to commence the divorce, and the $125.00 Note of Issue fee. In addition, if any motions are made, there is a $45.00 fee for each motion. Once the divorce is finalized there is an $8.00 fee for each certified copy of the judgment of divorce.

2. I would like to file for a divorce; however, I am currently unemployed and I cannot afford to pay the filing fees. What can I do?

If you cannot afford to pay the filing fees you may request that the costs, fees, and expenses associated with the divorce proceeding be waived. You may make this request by completing the "Fee Waiver Application" and the "Fee Waiver Order" contained in the Uncontested Divorce Packet. You must bring these forms along with a completed summons and verified complaint, and proof of any and all sources of income to the County Clerk’s Office in room 118.

3. My spouse resides outside of this state. Can I still file for divorce in New York?

In order to maintain an action for divorce in New York State, one of the following conditions of New York residency must be met:

(i) You and your spouse were married in New York, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately before the commencement of the divorce action

(ii) You and your spouse have resided in New York as husband and wife, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the divorce action

(iii) The grounds for divorce occurred in New York, and either you or your spouse has been a resident of New York for a continuous period of at least one year immediately before the beginning of the divorce action

(iv) The grounds for divorce occurred in New York, and both you and your spouse are residents of New York at the time of the commencement of the divorce action

(v) Either you or your spouse has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the divorce action

4. We were married in the Bronx, but neither of us now resides in the county. Can we file for divorce in the Bronx?

No, you must file in a county where at least one of the parties resides.

5. I want to file for divorce but I don’t know where my spouse is. What can I do?

New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Complaint. In order to effectuate service on your spouse in any other way, you must get permission from the court. You can apply for such permission by filing an application for alternate service with the County Clerk's Office in room 118.

6. Does my spouse have to sign papers consenting to the divorce in order for the divorce to be considered uncontested?

Your spouse does not have to sign papers consenting to the divorce in order for the divorce to be considered uncontested. As long as your spouse does not contest the divorce in any way, the divorce is considered uncontested. If your spouse does nothing after being served, you must wait forty (40) days after service before filing the Note of Issue and the balance of your divorce documents. If your spouse specifically consents to the divorce by signing the Affirmation of Defendant that is contained in the Uncontested Divorce Packet, you may file the Note of Issue and the balance of your divorce documents immediately.

7. I received a postcard from the court indicating that my papers are defective. What is my next step?

If you have received a postcard indicating that your papers are defective, you must come to the Matrimonial Clerk’s Office in room 217 to pick up your papers. You may come in on any Tuesday or Thursday between 9:30 a.m. and 12:30 p.m., and you must have valid photo identification and your index number.

8. Can someone pick up my defective papers for me?

Matrimonial files are confidential and without a court order, they are available only to the parties or their attorneys. While the clerk is prohibited from returning any actual divorce documents to anyone other than the parties or their attorneys, a copy of the list of defects will be given to any person that has your written and notarized authorization. The authorization must reflect the name of the person picking up the defect list, and the person picking up the list must have valid photo identification.

9. When is my divorce final?

A divorce is considered final when the signed judgment of divorce is entered in the County Clerk's Office. Once the judgment is entered, the County Clerk will mail you the postcard that you filed with your divorce papers. The postcard will contain a "filed" stamp and will indicate the filing date. Once you receive this postcard, you may go to the County Clerk's Office to obtain a certified copy of the judgment. You must bring valid photo identification with you, because matrimonial files are confidential and information will be released only to a party or his or her attorney. The cost for each certified copy is $8.00 but the fee will be waived if you obtained a fee waiver.

10. My spouse and I would like a separation agreement. What can we do?

A Separation Agreement is a contract between you and your spouse in which you agree to live separate and apart. A Separation Agreement may also address matters including but not limited to the rights of the parties, division of marital property, maintenance, custody, and child support. A Separation Agreement is not something the court grants and the court does not assist parties with the preparation of Separation Agreements. A Separation Agreement must be acknowledged by the parties before a notary and the acknowledgment must be in the form required to entitle a deed to be recorded. The preparation of a Separation Agreement can be a complex task. If you do not know how to prepare a Separation Agreement you should seriously consider getting advice from an attorney and / or having an attorney prepare the Separation Agreement for you.

11. What is the difference between divorce and annulment and can I use the forms in the Uncontested Divorce Packet for an annulment?

A divorce is the legal dissolution of a marriage by a court. An annulment is a judicial declaration that a marriage is invalid. Unlike a divorce that dissolves a valid marriage, an annulment establishes that the marriage is not legally valid.

The Uncontested Divorce Packet is not designed for use in annulment actions. The court does not provide forms for annulment. If you want more information about annulments or if you would like to file for an annulment, you should seriously consider speaking to an attorney.

12. I think I’m going to need an attorney. Can you refer one to me?

Court employees are prohibited from referring litigants to attorneys. If you are unsure how to find a lawyer, these resources can help you:

• Call the New York State Bar Association Lawyer Referral Service (toll free) at 1-800-342-3661
• Go to www.lawhelp.org/ny if you cannot afford a lawyer

Uncontested Matrimonial Procedure

Commencing an Action

Obtain an Index Number from the County Clerk’s Office, Room 118, for a fee of $210.00, and file the Summons with Notice or Summons and Complaint. Obtain a file stamped copy of the Summons with Notice or Summons and Complaint from the County Clerk.

Serving Divorce Papers

1. A copy of the Summons with Notice or Summons and Complaint, with the index number and filing date stamped on it, is to be delivered to the defendant personally, or upon application, by court ordered alternate service.

2. The defendant must be served within 120 days of the purchase of the index number and the filing of the Summons with Notice or Summons and Complaint unless an application for an extension of time to serve is made by the plaintiff’s attorney and granted by the court.

3. Personal service upon the defendant should be made by a person 18 years old or older who is not a party to the action. No service is to be made on a Sunday.

After Defendant is Served

If the defendant has defaulted, the Note of Issue and all supporting documents may be submitted to the Court after 41 days have elapsed since the service of the Summons with Notice or Summons and Complaint. If the defendant has appeared, consented to the divorce, and waived the statutory period in which to place the case on the calendar, the Note of Issue and all supporting documents may be submitted to the Court immediately. The Note of Issue must be filed within one (1) year of the default. The Note of Issue filing fee is $125.00.

After Defendant consents or is in default

1. After the defendant has defaulted in appearing or answering and 41 days have elapsed since service upon the defendant, or after the defendant has appeared, waived his or her right to answer, and consented to the placement of the action on the calendar, the following documents, in the exact order listed, must be presented to the County Clerk’s Office, Room 118:

a. Three (3) copies of the Note of Issue with $125.00 fee

b. Affidavit of Service or Affidavit of Defendant

c. Sworn Statement of Removal of Barriers to Remarriage with Proof of Service (If grounds are based on a Judgment of Separation or a Separation Agreement and the defendant appears in the action, the Defendant must also submit a Sworn Statement of Removal of Barriers to Remarriage)

d. Affirmation of Regularity

e. Affirmation of Plaintiff

f. Affirmation regarding the military status of the defendant (May is addressed in Affirmation of Plaintiff)

g. Affirmation regarding D.L. 76h information if there are children less than 18 years old (May is addressed in Affirmation of Plaintiff)

h. Corroborating Affidavit of Third Party (Annulment or Adultery Cases Only)

i. Stipulation resolving ancillary issues (Musts be acknowledged)

j. Copy of any Family Court order that is to be continued

k. Findings of Fact/Conclusions of Law

l. Judgment of Divorce

m. Part 130 Certification

n. Certificates of Dissolution of Marriage

o. UCS-113 (UCS Divorce and Child Support Summary Form) (If applicable)

p. New York State Case Registry Filing Form (If applicable)

q. Two (2) self-addressed, Stamped Postcards

When child support is an issue

If child support is an issue, the resolution of the issue must be in accordance with the Child Support Standards Act. Before issuing an order of child support, the Court requires either proof of an existing Family Court order of support to be continued, a child support stipulation, or a hearing to determine the issue of support.

Obtaining forms for Uncontested Divorce

Uncontested Matrimonial forms, and Child Support Standards Charts are available in the Office of the Self-Represented, Room 121, or online at www.nycourts.gov.

After all the papers are filed

On a future date, the papers will be submitted to a Special Referee for consideration. If satisfied as to the proof, the proposed Findings of Fact and Conclusions of Law, and Judgment will be signed. Otherwise, further corrections or a hearing may be required.

After Judgment of Divorce is signed

The divorce is final after the Findings of Fact and Conclusions of Law are signed by the court and entered by the County Clerk. A certified copy of the final signed Judgment may be obtained from the County Clerk’s Office, Room 118, for a fee of $8.00 per certified copy.

Contested Matrimonial Procedure

Commencing an Action

Obtain an Index Number from the County Clerk’s Office, Room 118, for a fee of $210.00, and file the Summons with Notice or Summons and Complaint. Obtain a file stamped copy of the Summons with Notice or Summons and Complaint from the County Clerk.

Serving Divorce Papers

1. A copy of the Summons with Notice or Summons and Complaint, with the index number and filing date stamped on it, is to be delivered to the defendant personally, or upon application, by court ordered alternate service.

2. The defendant must be served within 120 days of the purchase of the index number and the filing of the Summons with Notice or Summons and Complaint unless an application for an extension of time to serve is made by the plaintiff’s attorney and granted by the court.

3. Personal service upon the defendant should be made by a person 18 years old or older who is not a party to the action. No service is to be made on a Sunday.

Filing a Request for Judicial Intervention (RJI)

A Request for Judicial Intervention (R.J.I.) must be filed no later than 45 days from the service of the Summons with Notice or Summons and Complaint unless both parties file a Notice of No Necessity with the court. If a Notice of No Necessity is filed by both parties, then the R.J.I. must be filed no later than 120 days from the service of the Summons with Notice or Summons and Complaint. The Request for Judicial Intervention (R.J.I.) filing fee is $95.00.

Preliminary Conference

1. Once the R.J.I. is filed, a preliminary conference will be scheduled. The preliminary conference must be held within 45 days of the filing of the R.J.I. Preliminary conferences are usually scheduled by the court within 30 days of the filing of the R.J.I.

2. The date and time of the conference shall be set forth in a preliminary conference scheduling order which shall be mailed to the attorneys. The preliminary conference scheduling order will specify the papers that must be exchanged between the parties prior to the preliminary conference, and will specify the time in which such exchange is to take place.

Procedure regarding the Preliminary Conference and Compliance Conference

1. Net Worth Statements must be exchanged between the parties, and filed with the court no later than ten (10) days prior to the preliminary conference. See Uniform Rule 202.16 (f)(1) for a list of other papers that must be exchanged prior to the preliminary conference. Said papers will also be specified in the courts preliminary conference scheduling order.

2. The parties must be present at the preliminary conference, and the court shall address them at the conference.

3. At the close of the conference, the court shall schedule a compliance conference unless the court dispenses with the compliance conference based upon a stipulation of compliance filed by the parties.

4. The parties must be present at the compliance conference, unless they are excused by the court, and the court shall address them at the conference.

Note of Issue procedure

1. Discovery must be completed and a Note of Issue must be filed within six (6) months from the commencement of the preliminary conference, unless otherwise extended or shortened by the court depending upon the circumstances of the case.

2. The Note of Issue must be filed within ten (10) days of after it is served. The Note of Issue must be filed in triplicate. The filing fee for a Note of Issue in a contested matrimonial action is $30.00.

3. A Statement of Proposed Disposition with proof of service must be filed with the Note of Issue.

Scheduling the Trial

In accordance with Uniform Rule 202.16(f)(3) a trial is to be scheduled no later than six(6) months from the date of the preliminary conference in a non-complex case.

Settling before Note of Issue is filed

If the case is settled prior to the filing of the Note of Issue, an inquest will be held and the court will issue an order which allows for the late filing of the Note of Issue, waives the Certificate of Readiness, and dispenses with service.

After entry of Divorce Judgment granted on the record

Once judgment has been granted orally on the record, after trial or inquest, the following documents, in the exact order listed, must be presented personally or by mail to the Matrimonial Clerk’s Office, Room 217:

a. Three (3) copies of the Note of Issue with $30.00 fee (if not previously filed)

b. A copy of the court's short form order permitting the late filing of the Note of Issue and waiving the Certificate of Readiness and service

c. Notice of Settlement of Findings of Fact and Conclusions of Law, and Judgment

d. Proof of service of Notice of Settlement, Findings of Fact and Conclusions of Law, and Judgment

e. Findings of Fact and Conclusions of Law

f. Judgment

g. Original Certified Transcript - (Secure the name and telephone number of the court stenographer on the day of the inquest or trial. Call the court stenographer to order the transcript. The court stenographer will inform you of the fee for the transcript.)

h. Stipulation of parties correcting any errors in the transcripts (if applicable)

i. Affirmation of Lateness with proof of service, if settled more than 60 after inquest or decision after trial

j. Sworn Statement of Removal of Barriers to Remarriage with Proof of Service - (Affidavit must reflect that steps "have been" taken in accordance with D.R.L. 253(3). If grounds are based on k. Separation Agreement and the defendant appears in the action, the Defendant must also submit a Sworn Statement of Removal of Barriers to Remarriage)

k. Copy of any stipulation entered into between the parties

l. Copy of any Family Court order which is to be continued

m. Summons With Notice or Summons (served with Verified Complaint), with proof of filing

n. Pleadings or copy of pleadings if pleadings were previously filed with court

o. UCS 111 form and Child Support Information Form (Case Registry Form) where a determination of child support has been made

p. Certificate of Dissolution of Marriage - Form DOH 2168

q. Part 130 Certification

r. Two (2) self-addressed, stamped postcards

Filing of the Notice of Settlement and counter Findings and Judgment

1. The Notice of Settlement, Findings of Fact and Conclusions of Law, and Judgment must be submitted within 60 days of courts direction to settle on notice.

2. A copy of the Findings of Fact and Conclusions of Law, Judgment, and Notice of Settlement must be served not less than five (5) days before the settlement date if served personally, or not less than ten (10) days before the settlement date if served by mail.

3. Any counter Findings of Fact and Conclusions of Law, and counter Judgment will be made returnable on the same date and place.

4. A copy of any counter papers will be served not less than two (2) days before the settlement date if served personally, or not less than seven (7) days before the settlement date if served by mail.

5. The Notice of Settlement, Findings of Fact and Conclusions of Law, and Judgment must be filed with the County Clerk on or before the return date.

6. The papers will be forwarded by the matrimonial clerk to the court for consideration on the next business day following the settlement date.

7. The Notice of Settlement and proof of service of the Notice of Settlement, Findings of Fact and Conclusions of Law, and Judgment are not required if the other party consents in writing to the form and content of the Findings of Fact and Conclusions of Law, and Judgment.

8. If the papers are acceptable to the court, the Findings of Fact and Conclusions of Law, and Judgment will be signed. Otherwise, further corrections may be required.

9. The divorce is final after the Findings of Fact and Conclusions of Law, and Judgment are signed by the court and entered by the County Clerk. A certified copy of the final signed Judgment may be obtained from the County Clerk’s Office, Room 118, for a fee of $8.00 per certified copy.