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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF _______________

_____________________________________

 

 
_____________ (Name of the person starting the divorce)

_____________(Address of the person starting the divorce)

Plaintiff,

 

                        – against-

 

________________  (Name of the other spouse),

 

________________ (Address of the other spouse)

Defendant.

 

 

Index No. 11-

Summons

Date Filed:       _______ , 2011

 

 

 

 

SUMMONS WITH NOTICE

 

 

This action is brought in the County of __________ because said County is the County where the Plaintiff resides.

______________________________________

ACTION FOR A DIVORCE

 

To the Defendant:

 

YOU ARE HEREBY SUMMONED AND REQUIRED TO RESPOND TO THIS SUMMONS and to the requests for relief made by the Plaintiff by serving a written Notice of Appearance on the Plaintiff’s attorney, at the address stated below.

 

If this Summons with Notice was served upon you within the State of New York by personal delivery, you must respond WITHIN 20 DAYS after service, exclusive of the day of service.  If this Summons with Notice was not personally delivered to you within the State of New York you must respond WITHIN 30 DAYS after service is complete in accordance with the requirements of the Civil Practice Law and Rules.

 

THE NATURE OF THIS ACTION IS TO OBTAIN A JUDGMENT OF DIVORCE, DISSOLVING THE MARRIAGE RELATIONSHIP BETWEEN PLAINTIFF AND DEFENDANT.

 

THIS ACTION FOR DIVORCE IS BASED UPON THE FOLLOWING GROUND OR GROUNDS:

 

The relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months, pursuant to Domestic Relations Law Section 170(7).

 

THE RELIEF SOUGHT BY THE PLAINTIFF IN THIS ACTION IS A JUDGMENT DIVORCING THE PARTIES AND DISSOLVING THE MARITAL RELATIONSHIP WHICH HAS HERETOFORE EXISTED.

 

PLAINTIFF ALSO REQUESTS THAT SUCH JUDGMENT GRANT THE FOLLOWING ITEMS OF ADDITIONAL AND ANCILLARY RELIEF:

 

Awarding Plaintiff exclusive use and occupancy of the marital ______________.

 

Awarding Plaintiff exclusive use and occupancy of the contents of the marital  _________________.

 

Awarding Plaintiff equitable distribution of marital property, including a distributive award to Plaintiff if required or appropriate to effect such equitable distribution.

Awarding the Plaintiff ________________________________________.

 

Awarding the Plaintiff  ________________________________________.

Declaring Plaintiff’s separate property.

 

Directing Defendant to maintain life insurance coverage on Defendant’s life with Plaintiff to be designated as irrevocable beneficiary.

 

Awarding Plaintiff counsel fees, expert fees, and other litigation expenses.

 

Granting each party the right to resume the use of any maiden name or other pre-marriage surname.

 

 

 

Awarding Plaintiff such other and further relief as to the court may seem just and proper, together with the costs and disbursements of this action.

 

 

Pursuant to Domestic Relations Law § 255, effective October 9, 2009, notice is hereby given that once the judgment of divorce is signed, a party hereto may or may not be eligible to be covered under the other party’s health insurance plan, depending on the terms of the plan.

 

NOTICE is hereby provided of the automatic orders in this matrimonial action pursuant to Domestic Relations Law § 236(B)(2)(b):

 

With respect to matrimonial actions commenced on or after September 1, 2009, the automatic orders shall be binding upon the plaintiff in a matrimonial action immediately upon the filing of the summons, or summons and complaint, and upon the defendant immediately upon the service of the automatic orders with the summons. The automatic orders shall remain in full force and effect during the pendency of the action, unless terminated, modified or amended by further order of the court upon motion of either of the parties or upon written agreement between the parties duly executed and acknowledged.

 

(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.

 

(2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keough accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court.

 

(3) Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney’s fees in connection with this action.

 

(4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.

 

(5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.

 

IN THE EVENT THAT YOU FAIL TO APPEAR OR ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU, by default, for the relief demanded in this Summons with Notice.

 

Dated: ___________, 2011

Yours, etc.,

 

 

_______________

Plaintiff or Plaintiff’s Attorney

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton), for reference only. Statutes and codes such asDomestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. AN ATTORNEY SHOULD BE CONSULTED FOR LEGAL ADVICE.


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