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Library of New York Matrimonial Law Forms

Rosalie Biaimonte, Stephen Gassman

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$274.95
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Library of New York Matrimonial Law Forms is a comprehensive library of 200+ model documents.  Library includes forms for all aspects of divorce, including complaints, answers, discovery, pendent lite motions, trials, appeals, enforcement and modification of judgments, and prenuptial and post-nuptial agreements. This soft cover book contains a printed version of each form. Also included is a CD of forms, allowing for easy drafting and editing of Word documents.


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  • Availability: Available
  • Brand: New York Law Journal Books
  • Product Type: Books
  • Edition: 1
  • Page Count: 600
  • ISBN: 9781576255384
  • Pub#/SKU#: 112
  • Volume(s): 1
  • CDs: 1

Author Image
  • Rosalie Biaimonte

Ms. Baiamonte has been engaged exclusively in the practice of matrimonial and family law since her admission to the New York State bar in 1994 after graduating from Brandeis University, B.A., cum laude, 1990, and then Syracuse University College of Law, J.D., magna cum laude in 1993. She is currently a member of the Matrimonial Law Committee of the Nassau County Bar Association, where she presently serves as Second Vice Chair; as well as a member of the Family Law Section, Executive Committee and CLE Committee of the New York State Bar Association. Aside from this, she was also an Associate Editor of the Domestic Relations Reporter, a legal publication by Matthew Bender & Co., from 1995 through 1996. Having prosecuted and defended more than one dozen appeals involving matrimonial and family law issues, and has assisted in numerous trials and hearings involving complex equitable distribution issues and contested custody matters, her appellate advocacy experience is incredibly well rounded. Ms. Baiamonte also served as an Arbitrator in the Early Neutral Evaluation Program in the Supreme Court of the State of New York, Nassau County, and is a frequent lecturer on various matrimonial topics for the New York State and Nassau County Bar Associations and New York State Judicial Institute.



Author Image

Stephen Gassman is a member of both the Nassau County (President, 1988-1989) and New York State (Chair, Family Law Section, 1992-1994) Bar Associations. He attended the University of North Carolina at Chapel Hill, B.A., 1967, and then New York Law School, J.D., 1971.  Mr. Gassman  practices in matrimonial and family law, litigation, and appellate practice, and is one of fewer than 100 trial lawyers nationwide to be designated as a Diplomate of the exclusive American College of Family Trial Lawyers. Having been actively practicing in matrimonial law for over 30 years, and, as the founding member of the firm, he has successfully tried hundreds of matrimonial cases, and settled thousands of cases, throughout his career. In addition, he has also served as appellate counsel in the Appellate Division and the Court of Appeals, and The New York Post has written that he is regarded as the top divorce lawyer in Nassau County. Mr. Gassman has authored numerous publications on all facets of matrimonial law, and is an editor of Fairshare, a monthly matrimonial law publication. He has also authored a chapter on the Use of Appraisers in the Valuation of Marital Property, published by Matthew Bender, as well as articles for the New York State Bar Association's Family Law Review, and lectured extensively to bar groups and at judicial symposiums of various levels.


Chapter 1. Client Intake 1

 

1-001 Matrimonial Fact Sheet 2

1-002 Statement of Client’s Rights and Responsibilities 5

1-003 Sample Retainer Agreement – Matrimonial Action 9

1-004 Sample Retainer Agreement – Pre-Nuptial Agreement 16

1-005 Sample Retainer Agreement – Family Court Action 19

1-006 Sample Retainer Agreement – Appeal 26

1-007 Sample Retainer Agreement – Post Judgment Enforcement Proceeding 32

1-008 Introductory Letter to Client’s Spouse 40

1-009 Part 137 New York State Fee Dispute Resolution Program 41

1-010 Sample Guarantee Agreement 54

1-011 Introductory Letter to Client 56

1-012 Letter to Client’s Spouse Revoking Power of Attorney 57

 

Chapter 2. Pleadings 58

 

2-001 Summons with Notice to Set Aside Pre-Nuptial Agreement 59

2-002 Summons with Notice in Action for Divorce 61

2-003 Notice of Statutory Automatic Restraining Order in Divorce Action 65

2-004 Stipulation Extending Time to Serve Complaint 67

Verified Complaint – Matrimonial Actions

2-005 Cause of Action – DRL § 170(1) Cruel and Inhuman Treatment 69

2-006 Cause of Action – DRL § 170(2) Abandonment 74

2-007 Cause of Action – DRL § 170(2) Abandonment (Constructive) 78

2-008 Cause of Action – DRL § 170(3) Confinement in Prison 82

2-009 Cause of Action – DRL § 170(4) Adultery 86

2-010 Cause of Action – DRL § 170(5) Living Separate and Apart Pursuant to Decree or Judgment 91

2-011 Cause of Action – DRL § 170(6) Living Separate and Apart Pursuant to Agreement 94

2-012 Cause of Action – DRL § 170(7) Irretrievable Breakdown 97

2-013 Cause of Action – Necessaries 103

2-014 Cause of Action – Support under Article 4 of the Family Court Act 107

Verified Complaint – Plenary Actions

2-015 Cause of Action – Set Aside a Pre-Nuptial Agreement 111

2-016 Cause of Action – Imposition of Constructive Trust 116

2-017 Verified Answer 120

2-018 Verified Answer (Vacate Agreement) 123

2-019 Verified Answer with Sample Affirmative Defense 128

2-020 Verified Answer with Sample Counterclaims 132

2-021 Verified Reply 137

2-022 Writ of Habeas Corpus 140

2-023 Petition for Writ of Habeas Corpus 142

2-024 Affidavit of Personal Service of Summons and Complaint 146

2-025 Authorization to Accept Service 148

2-026 Authorization to Accept Service and Acknowledgement of Service 150

2-027 Notice of Appearance and Demand for Complaint 152

2-028 Demand for Bill of Particulars 155

2-029 Verified Bill of Particulars 158

2-030 Consent to Change Attorneys 161

2-031 Stipulation Resolving Grounds 163

2-032 Stipulation Discontinuing Action 165

2-033 Notice of Discontinuance 167

2-034 Notice of Intention to Amend Complaint 169

 

Chapter 3. Preliminary Conference Forms and Miscellaneous Court Forms 171

 

3-001 General Warning 172

3-002 Request for Judicial Intervention – Main Form 173

3-003 Request for Judicial Intervention – Addendum 175

3-004 Request for Judicial Intervention – Matrimonial Addendum 176

3-005 Office of Court Administration – Explanation of Revisions 177

3-006 Request for Preliminary Conference 185

3-007 Matrimonial Intake Sheet 187

3-008 Preliminary Conference/Stipulation Order – Contested Matrimonial 189

3-009 Custody and Visitation Legislation Maps/Database Review Information Sheet 196

3-010 Affirmation of Counsel Regarding Forensic Reports 198

3-011 Stipulation for Referral to Family Case Analyst 199

3-012 Stipulation/Order for Referral to Family Case Analyst [Custody Visitation] 200

3-013 Stipulation/Order for Referral to Family Case Analyst [Issues to be Resolved] 201

3-014 Consolidation Order 202

3-015 Order Appointing Appraiser/Evaluator (Short Form) 203

3-016 Order Appointing Appraiser/Evaluator (Long Form) 204

3-017 Order Appointing Forensic Evaluator for Custody Proceedings 208

3-018 Order Appointing Real Estate Appraiser 212

 

Chapter 4. Discovery 213

 

4-001 Statement of Net Worth 214

4-002 Demand for Statement of Net Worth 230

4-003 Demand for Discovery and Inspection 232

4-004 Notice to Take Deposition Upon Oral Examination 239

4-005 Interrogatories 246

4-006 Demand for Address 289

4-007 Notice of Entry onto Property Pursuant to CPLR § 3120 291

4-008 Demand for Expert Witness Information Pursuant to CPLR § 3101(d) 293

4-009 Demand for Electronic Media Pursuant to CPLR §3101(e), (i) 295

4-010 Notice to Preserve Electronically Stored Information (ESI) 297

4-011 Notice of Examination Pursuant to CPLR § 3121 300

4-012 Notice of Rejection of Demand 302

4-013 Notice to Produce 304

4-014 Notice to Admit 311

4-015 Judicial Subpoena (Witness only -- Ad Testificandum) 313

Judicial Subpoena Duces Tecum

4-016 Bank and Safe Deposit Box Records 315

4-017 Credit Card Records 318

4-018 Employment Records 321

4-019 Car Lease Records 324

4-020 Medical Treatment Records 327

4-021 CPLR § 3122-a Certification 330

4-022 Combined Witness Subpoena and Subpoena Duces Tecum 332

Letter of Authorization and Release of Information

4-023 Financial Records 334

4-024 Pension Records 335

4-025 Notice to Sign and Return Deposition Transcript 338

4-026 Answer to Interrogatories 340

4-027 Notice of Objections 342

4-028 Stipulation to Continue Discovery Beyond Certification 345

 

Chapter 5. Pendente Lite Applications and Pre-Trial Motions 347

 

5-001 Notice of Intention to Present Order to Show Cause 348

5-002 Affirmation in Compliance with Court Rules §202.7(f) 350

Exclusive Use and Occupancy

5-003 Order to Show Cause 352

5-004 Supporting Affidavit 354

5-005 Attorney’s Affirmation 356

Temporary Maintenance and Child Support

5-006 Order to Show Cause 358

5-007 Supporting Affidavit 361

5-008 Attorney’s Affirmation 370

5-009 Temporary Maintenance Guidelines Worksheet 373

5-010 Temporary Spousal Maintenance Guidelines Calculator 381

Appointment of Attorney for the Children and Forensic Evaluator

5-011 Order to Show Cause 384

5-012 Supporting Affidavit 387

5-013 Attorney’s Affirmation 390

Orders of Protection

5-014 Order to Show Cause 393

5-015 Supporting Petition 396

5-016 Temporary Order of Protection (DRL §§ 240, 252) 401

5-017 Order of Protection (DRL §§ 240, 252) 403

5-018 Address Confidentiality Order 405

5-019 Address Confidentiality Affidavit 407

Injunctive Relief (Restraining Orders and Sealing Safe Deposit Boxes)

5-020 Order to Show Cause 408

5-021 Supporting Affidavit 412

5-022 Supporting Affirmation 416

Motion to Compel Document Production

5-023 Notice of Motion 420

5-024 Supporting Affidavit 423

 5-025 Supporting Affirmation 426

Motion to Consolidate and Remove Family Court Action

5-026 Order to Show Cause 429

5-027 Supporting Affidavit 432

5-028 Supporting Affirmation 435

Interim Award of Counsel Fees and Expert Fees

5-029 Notice of Motion 437

5-030 Supporting Affidavit 440

5-031 Attorney’s Affirmation 447

 

Chapter 6. Contempt/Enforcement 451

 Application Seeking Money Judgment for Support Arrears

6-001 Notice of Motion 452

6-002 Supporting Affidavit 455

6-003 Supporting Affirmation 459

Application Seeking Sequestration and Appointment of Receiver

6-004 Notice of Motion 464

6-005 Supporting Affidavit 467

6-006 Supporting Affirmation 471

Application Seeking Adjudication of Contempt

6-007 Order to Show Cause 476

6-008 Supporting Affidavit 479

6-009 Supporting Affirmation 486

Income Withholding

6-010 Income Withholding Order (IWO) 493

6-011 General Instructions for IWO 496

6-012 Information Regarding IWO 502

6-013 Additional Information Regarding IWO 504

6-014 Notice to Judgment Debtor 505

6-015 Information Subpoena and Restraining Notice to Garnishee 508

6-016 Money Judgment (Proposed Order Form) 518

6-017 Clerk’s Money Judgment 520

 

Chapter 7. Trial 522

 

7-001 Note of Issue and Certificate of Readiness for Trial 523

7-002 Statement of Proposed Disposition 526

7-003 Demand for Jury Trial (Grounds Only) 530

7-004 Witness List 532

7-005 DRL § 244-a Notice 534

7-006 Exhibit List 536

7-007 Summary of Personal Income Tax Returns 542

7-008 Summary of Business Returns 543

7-009 Schedule of Marital Assets 544

7-010 Schedule of Custodial Accounts 545

7-011 Schedule of Health and Life Insurance 546

7-012 Equitable Distribution Worksheet 547

7-013 Statement of Stipulated Facts as to Expert Values 549

 

Chapter 8. Uncontested Papers 551

 

8-001 Letter to Matrimonial Clerk with Uncontested Packet 552

8-002 Verified Complaint 555

8-003 Verified Answer 558

8-004 Sworn Statement of Removal of Barriers to Remarriage 560

8-005 Plaintiff’s Affidavit in Support of Judgment of Divorce 562

8-006 Defendant’s Affidavit 565

8-007 DRL § 255 Statement 567

8-008 Notice of Settlement 569

8-009 Proposed Findings of Fact and Conclusions of Law 571

8-010 Proposed Judgment of Divorce 577

8-011 Proposed Qualified Medical Child Support Order (QMCSO) 584

8-012 Proposed Qualified Life Insurance Order (QLIO) 587

8-013 Child Support Enforcement Services Affidavit 591

8-014 Support Collection Unit Information Sheet 594

8-015 Child Support Worksheet 595

8-016 Child Support Summary Form (UCS-111) 601

8-017 Office of Court Administration State Registry Form 603

8-018 Attorney’s Affirmation of Regularity 604

8-019 Part 130 Certification 606

8-020 Waiver of Notice of Settlement 607

 

Chapter 9. Appeal 609

 

9-001 Notice of Entry 610

9-002 Notice of Appeal 612

Request for Appellate Division Intervention (RADI Form)

9-003 Complete Form A – Request for Appellate Division Intervention – Civil 614

9-004 RADI Form A page 1 618

9-005 RADI Form A page 2 619

9-006 RADI Form A page 3 620

9-007 RADI Form A page 4 621

9-008 Form B – Additional Appeal Information 622

9-009 Form C – Additional Party and Attorney Information 623

9-010 Notice of Settlement of Transcript(s) 624

9-011 Affirmation of Compliance with CPLR 5525(c) 626

9-012 Stipulation of Settlement of Transcript 628

9-013 Stipulation Extending Time to Serve and File Appellant’s Brief and Record on Appeal 629

9-014 Letter to Clerk of the Court Accompanying Stipulation 630

9-015 Judicial Subpoena Duces Tecum 632

9-016 CPLR 2105 Certification 633

9-017 CPLR 5531 Statement 634

Motion for a Stay Pending Appeal

9-018 Order to Show Cause 635

9-019 Attorney’s Affirmation 637

Motion to Strike Portions of Brief

9-020 Notice of Motion 639

9-021 Attorney’s Affirmation 641

 

Chapter 10. Agreements 643

 

10-001 Pre Nuptial Agreement 644

10-002 Post Nuptial Agreement 666

10-003 Stipulation Acknowledgement 683

10-004 Child Support Standards Chart 717

10-005 Affidavit of Appearance and Adoption of Oral Stipulation 738

10-006 Confidentiality Agreement 739

10-007 Tax Indemnity Letter Agreement 744

 

Chapter 11. Fee Disputes 746

 

Arbitration Award

11-001 Notice of Petition 747

11-002 Petition to Confirm Arbitration Award 749

Motion for Security Interest

11-003 Notice of Motion 752

11-004 Supporting Affidavit 754

11-005 Affirmation 758

11-006 Affidavit of Confession of Judgment 762

11-007 Judgment by Confession 764

Motion for Leave to be Relieved and to Fix Charging Lien

11-008 Order to Show Cause 766

11-009 Affirmation in Compliance with Court Rules 769

11-010 Stipulation of Charging Lien 771

11-011 Summary of Judicial Districts 774

11-012 Rules Governing Fee Disputes - 1st and 12th Districts 775

11-013 Rules Governing Fee Disputes - 2nd District 794

11-014 Rules Governing Fee Disputes - 3rd District 805

11-015 Rules Governing Fee Disputes - 4th District 815

11-016 Rules Governing Fee Disputes - 5th District 825

11-017 Rules Governing Fee Disputes - 6th District 838

11-018 Rules Governing Fee Disputes - 7th District 845

11-019 Rules Governing Fee Disputes - 8th District 850

11-020 Rules Governing Fee Disputes - 9th District 854

11-021 Rules Governing Fee Disputes - 10th District (Nassau County) 862

11-022 Rules Governing Fee Disputes - 10th District (Suffolk County) 874

11-023 Rules Governing Fee Disputes - 11th District 885

11-024 Rules Governing Fee Disputes - 13th District 89

11-025 Fee Dispute Arbitration Packet - 1st & 12th District 905

11-026 Fee Dispute Arbitration Packet - 2nd District 922

11-027 Fee Dispute Arbitration Packet - 3rd District 939

11-028 Fee Dispute Arbitration Packet - 4th District 955

11-029 Fee Dispute Arbitration Packet - 5th District 969

11-030 Fee Dispute Arbitration Packet - 6th District 984

11-031 Fee Dispute Arbitration Packet - 7th District 997

11-032 Fee Dispute Arbitration Packet - 8th District 1012

11-033 Fee Dispute Arbitration Packet - 9th District 1037

11-034 Fee Dispute Arbitration Packet - 10th District (Nassau County) 1052

11-035 Fee Dispute Arbitration Packet - 10th District (Suffolk County) 1072

11-036 Fee Dispute Arbitration Packet - 11th District 1089

11-037 Fee Dispute Arbitration Packet - 13th District 1102

11-038 Arbitration Packet (Dispute over Refund) – 1st & 12th Districts 1114

11-039 Arbitration Packet (Dispute over Refund) – 2nd District 1131

11-040 Arbitration Packet (Dispute over Refund) – 3rd District 1148

11-041 Arbitration Packet (Dispute over Refund) – 4th District 1164

11-042 Arbitration Packet (Dispute over Refund) – 5th District 1178

11-043 Arbitration Packet (Dispute over Refund) – 6th District 1193

11-044 Arbitration Packet (Dispute over Refund) – 7th District 1206

11-045 Arbitration Packet (Dispute over Refund) – 8th District 1221

11-046 Arbitration Packet (Dispute over Refund) – 9th District 1246

11-047 Arbitration Packet (Dispute over Refund) – 10th District (Nassau County) 1261

11-048 Arbitration Packet (Dispute over Refund) – 10th District (Suffolk County) 1281

11-049 Arbitration Packet (Dispute over Refund) – 11th District 1298

11-050 Arbitration Packet (Dispute over Refund) – 13th District 1311

 

Chapter 12. Miscellaneous 1325

 

12-001 Revocation of Power of Attorney 1326

12-002 Spouse’s Consent to Beneficiary Designation 1328

12-003 Minimum Right of Election Will 1329

12-004 Health Care Proxy and Accompanying Sample Letter 1341

12-005 Attorney Certification 1344

12-006 Attorney Certification of Non-Appeal 1345

12-007 Attorney’s Affidavit Accompanying Entry of Foreign Order 1347

12-008 Affirmation of Engagement 1350