An action may not be commenced in New York State unless the DRL §230 residence requirement has been met. This may not be waived. As a minimum, at least one of the parties must reside in New York State at the commencement of the action. There are several variations, of which the longest is 2 years of continuous residence of either party in New York State immediately preceding the commencement of the action. See the Statute.

    The designation of venue (selection of the proper County) must be properly stated on the Summons, prior to filing with the County Clerk to commence the action. Basis of venue is normally the residence of either Plaintiff or Defendant.
    Improper venue is not an affirmative defense. Absent a proper claim to residence in New York County (Manhattan), CPLR §509 must be cited. No other basis will be respected.

    Venue may not be designated on the basis of:

• Place of the marriage
• Convenience of the parties, even by stipulation
• Residence in a contiguous or adjoining county
• Residence in New York State or New York City
• Location of the attorney's office

    This rule, which applies to all Supreme Court proceedings after March 2, 1998 (including motions, cross-motions, orders to show cause, replies, etc.), requires that each and every paper submitted be signed by the attorney or Plaintiff pro se, as attestation that the contents are not frivolous. This includes all affidavits, statements, exhibits, proposed orders, decisions, judgments, whether signed or not, without exception (even those of your opponent, if you are the movant). A single signed statement listing all documents submitted is an acceptable substitute.

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    The causes of action for Divorce in New York State (accusations against the Defendant that are grounds for divorce) are limited to:

• Cruel and inhuman treatment (DRL §170.1)
• Abandonment for a continuous period of one year or more (DRL §170.2)
• Imprisonment for more than three years subsequent to the marriage (DRL §170.3)
• Adultery (DRL §170.4)
• Conversion of a Separation Judgment (DRL §170.5)
• Conversion of a written Separation Agreement (DRL §170.6)

• Irreconcilable differences
• Incompatibility
• No-fault
• Mutual consent
• No communication

    "Fraud" generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144).
    The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered.

The grounds for annulment do not include any of the following:

• Failure to consummate the marriage
• Failure to live together
• Marriage less than 1 year
• Mutual consent
• Mistake
• Already married

   The grounds in all cases must be specifically stated in the Verified Complaint, Affidavit of Fact, and Findings of Fact (Decision), giving factual details, dates, and actual places of occurrence. Lack of proper content is not an affirmative defense; the Plaintiff must prove their argument(s), even of uncontroverted allegations. Failure to state a cause of action will result in a judgment dismissing the Complaint.

    The "ancillary relief" sought (what the plaintiff wishes to Court to award or decide, in addition to the divorce) must be specified in the Summons with Notice, or Summons and Complaint. Where there are children of the marriage residing in New York State and under the age of 18 a demand for custody is mandatory. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Cutody may not be awarded to a person other than the father or mother, except under unusual circumstances which require an Inquest. Children under the age of 21 must be supported by both parents.
    No form of relief may exist as decretal language in the Judgment, except upon proper notice to the defendant (the usual exceptions being "liberal and/or reasonable visitation" to the non-custodial parent, and either party "may resume the use of maiden or other prior surname").

    Certain forms of relief the the Plaintiff may be entitled to as a matter of law or equity are not available on the Uncontested Calendar; see "Inquests" on the Menu.

    Once a judge has been assigned to a case (by filing a motion, request for preliminary conference, order to show cause, etc. with an RJI, or Request for Judicial Intervention) the case remains permanently with that judge. It cannot become uncontested.

    A child born to the wife during the marriage is the husband's child, as determined by law. This well-settled concept is the "presumption of lawful paternity", and assigns to the husband complete rights, duties and obligations as to the child, regardless of whether he is the biological parent or not. Where the child was conceived by another man, any of the parties may ask the court to determine paternity, based on sworn statements, including but not limited to:

• Access by a man other than the husband, with a description of the circumstances of the child's conception
• Lack of access by the husband during the same time period
• Scientific proof (blood group, HLA marker, etc.) excluding the husband

    A child born to the husband and wife prior to the marriage becomes a child of the marriage when the marriage is performed.

    Where there are children of the marriage under the age of 21, an award of child support is mandatory. It may not be waived or reserved. Proper notice of the amount of the award, and by whom payable, must be served on the defendant. The judgment must contain a decretal paragraph specifically ordering an amount certain to be paid to the custodial parent, or resident parent if joint custody, or resident adult if the children do not reside with either parent.
    The three methods by which the proper amount of child support may determined are:

 
• Provide a certified copy of an existing order of support from Family or Supreme Court (if less than three years since the last review or revision), asking that the Order be continued
• Submit a child support stipulation pursuant to DRL §240, executed as an acknowledgment by both parents
• If the parties do not stipulate to child support, support must be determined by the CSSA formula. A child support worksheet (UD-8, Blumberg A189, etc.) must be submitted, showing the income of both parents, with proper adjustments. The amount to be paid by the non-custodial parent will be calculated by application of the appropriate percentage to their adjusted gross income. No other amount of support is acceptable, except by stipulation.

    If the child(ren) do not reside with either parent, both parents must pay the presumptive amount of child support to the adult with whom the children reside.

    Child support payable by any method other than through the Support Collection Unit (SCU) must be reported on the State Registry Form, available from the Matrimonial Office (Room 311).

    Child support payable through the Support Collection Unit (SCU) must be reported on the Support Collection Unit Information Sheet (UD-8a), available from the Matrimonial Office (Room 311). Where the custodial parent is receiving Public Assistance use of the Support Collection Unit is mandatory. 

    Litigants in divorce actions who are receiving Public Assistance (either plaintiff and defendant) may not receive child support, spousal support, equitable distribution, or attorney's fees. Their rights to recovery have been assigned to the Commissioner of Social Services. Monies recovered must be paid to the Commissioner, or to the Clerk of the Court for distribution.

    Where there are infant children of the marriage, and the custodial parent is receiving Public Assistance (AFDC), the child support must be paid to:

as a decretal paragraph in the judgment. No support amount other than the strict application of CSSA formula to the non-custodial parent's income is acceptable. The custodial parent may not receive money for any purpose. Stipulations allowing a deviation below the presumptive award are unacceptable.
    If the non-custodial parent's employer is known, an income deduction order is required. This may not be waived.

    Personal service is required in all cases*.

    * Any alternate form of service, including CPLR §312a, requires prior Court approval by signed order. No nunc pro tunc orders will be granted. Alternate service orders may be granted on application, for good shown only. These are submitted to the Ex Parte Office (Room 315, 374-4746, 374-4747); no RJI is required. Alternate service is then made pursuant to the method authorized in the Order; see CPLR §308 for possible methods.

    Service must be made within 120 days from the commencement of the Action. The affidavit of proof, either from the server or defendant, need not be filed separately with the County Clerk. The CPLR §306b requirement for filing the proof of service is an affirmative defense as to 1998 and later actions. The affidavit must be filed with the Matrimonial Clerk on submission for placement on the Uncontested Calendar.
    Where the Defendant has admitted service and consented by notarized affidavit, the Court may dispense with proof of 3rd party service.
    Extensions of the 120 day period may be granted for good cause shown only, on application to the Ex Parte Office. 

    Default occurs on the 21st day after personal service with the State, 31st day after personal service without the State or by mail; and 31st day after completion of service by publication (52nd day after the publication of the 1st Summons), if the defendant has not appeared or answered. The regularity may be sworn (Plaintiff Pro Se) or affirmed (attorney) no earlier than this date.
    A total of 40 days from service must have elapsed before the action can be submitted to Room 311 for placement on the uncontested calendar (CPLR §3402a).
    The Defendant may specifically waive this delay by affidavit, usually as part of the consent. 

    Any stipulation or agreement between the parties which deals with equitable distribution, spousal support, child support, visitation, titles to real property, QDROs, etc. must be signed by the parties themselves (not their attorneys) before a Notary Public as an "acknowledgment". The formal language required for the Notary's statement (RPL §309a) was changed effective September 1999; the new form is:

Before me came ______________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

    A separation agreement may be used as the basis for a divorce on or after its 1 year anniversary. The 1 year time period runs from the proper execution of both husband's and wife's signatures before a notary public, not from the filing date. An agreement cannot take into account, for purposes of calculating its maturity, any time spent already separated prior to the agreement.
    CPLR §509 permits Plaintiff to file an action for Divorce or Annulment in New York County, despite a proper basis citing residence. However, where the cause of action is based on a separation agreement, the agreement must be filed in the County of residence of either Plaintiff or Defendant. Where neither party is a New York County resident (either now, or at the time of the execution of the agreement), separate filing must be done in the County of residence. If this County is in New York City, a separate index number must be secured by payment of $170. Some other Counties (Westchester, Nassau, etc.) have a lesser fee for purposes of merely recording a document (not commencement of an action).
    New York County will permit an action to be commenced as a second derivative use of an Index number purchased to record a separation agreement, provided that the action is based on DRL §170(6). If another cause of action is stated a new Index number is required.

    Filing of the agreement is normally done prior to the commencement of the action, but may be done simultaneously; it may also be done simultaneously with submission for placement on the Uncontested Calendar (filing of Note of Issue). In any case, the circumstances under which the agreement was filed must be accurately stated in the pleadings.
    If this filing is done prior to the commencement of the action, the 120 day period (CPLR §306b) for effecting service on the Defendant does not begin until a summons has been filed.
    The Defendant may not be served or consent until the summons has been filed and served. The Defendant may not waive service of the summons.

    The grounds, as stated in the Verified Complaint, Plaintiff's Affidavit of Fact, and Finding of Fact, must contain all required recitals, including, but not limited to:

"Plaintiff and Defendant have lived separate and apart pursuant to a written agreement of separation. The agreement has been acknowledged by both parties in the manner required for a deed to be recorded. The agreement has been filed with the County Clerk of ________ County on (prior date) or has been filed simultaneously with the summons and complaint, or has been filed simultaneously with the note of issue. Plaintiff has substantially performed according to the terms of the agreement."

    A single copy of the agreement must be attached to the pleadings when submitted to Room 311 for placement on the uncontested calendar (usually placed behind the Decision). 

    Uncontested Divorces in which ancilliary relief has been requested, but that may not be awarded on the Uncontested Calendar (except pursuant to a stipulation properly signed and acknowledged by both parties), may be scheduled for Inquest as directed below.
    Forms of relief which may not be granted on default, or ex- parte consent by defendant, except by inquest (or stipulation), include (but are not necessarily limited to):

 
• Equitable distribution of marital property pursuant to DRL §236, etc. (marital property: including all property acquired during the marriage)
• Distribution of a pension or other tax-deferred compensation (IRA, 401K, Keogh, etc.)
• Declaration of personal property (if in dispute) (personal property: acquired prior to the marriage only)
• Exclusive possession of the marital residence (title, lease, or sole occupancy)
• Orders of protection, TROs, etc., both new and extentions of existing orders, including removal of the spouse from the residence following entry of judgment
• Child custody, where the award will favor the non-resident parent
• Child custody, where the award will favor a 3rd party
• Termination of parental rights
• Restricted or guaranteed (scheduled) visitation with the child(ren) by any party
• Child support, where the income of the non-custodial (defaulting) defendant is unknown, and/or the award will be based on the needs of the child(ren), pursuant to DRL §240(1)(k)
• Spousal support (alimony), including continuation and/or modification of an existing Family Court order
• Proportionate assignment of debts
• Attorney's fees & expenses and/or Court costs

Definition:
    Distribution of funds held as pre-tax contributions in a pension Plan (I.R.A., Keogh, 401(k), etc.) pursuant to an equitable distribution award or stipulation may* require a single-purpose Order, called a QDRO (Qualified Domestic Relations Order).
* If the proposed distribution is the Plan's default option, you may not need an Order.

Stipulation:
    Agreements providing for distribution of pension must be signed and acknowledged by the parties themselves (as opposed to by the attorneys).

Value of the Distributive Award:
    There are several methods of determining the value of each party’s share of the fund. One of the relevant factors is whether or not the participant was already enrolled in the Plan prior to the marriage.
    If Plan participation post-dates the marriage, each party’s share is (usually) 50%* of the fund’s value as of the date of the commencement of the divorce action, execution of a stipulation of settlement agreeing to the distribution, or entry of the divorce judgment (whichever date is earliest).
    If Plan participation pre-dates the marriage, the usual method is the “Majauskas” formula (Majauskas v. Majauskas, 61 NY2d 481, 491-492). A distributive ratio is established by dividing the duration of Plan participation (in months) by the duration of the marriage (in months). Both terms end as of the date of the commencement of the divorce action, execution of a stipulation of settlement agreeing to the distribution, or entry of the divorce judgment (whichever date is earliest, as above). The non-par- ticipating party’s share is (usually) 50%* of the resultant fraction of the fund, the balance being retained by the participant.
* Subject to negotiation and set-offs from distribution of other marital property

Requirements:
    The proposed (un-signed) Order must comply with 3 general sets of rules:
» DRL §236; the distribution must be “equitable” (fair).
» U.S. tax code; preservation of the tax-deferred status of the funds is the responsibility of the movant, not the Court
» The method of distribution must be selected from among the options available to the Participant, according to the terms of the Plan. You may not order the Plan to distribute the money in a manner not consistent with the Plan's construction

    All QDROs must contain certain data:
1. Full Name, and Last Known Mailing Address of the Participant, Employee or Contributor (also referred to as the "Payee" or "Distributee"), and Spouse (or "Alternate Payee", etc.)
2. Social Security Numbers of both Parties
3. Formal name of the Plan
4. Participant’s Plan Identification Number (if different from the Participant’s Social Security number)

    When submitting a QDRO for signature, an Attorney's Affirmation in Support is required, setting forth the authority to distribute the pension (by judgment, order, stipulation, or transcript if arrived at in open court).

    The movant must include proof that the Order is acceptable to your adversary: consent by opposing Counsel, stipulation between the parties, etc. If not, settlement on notice is required. This is done by formal service of the  Order on your opponent by a disinterested 3rd party, who will make a notarized statement to this effect. Service in person requires 5 days notice. Service by certified mail adds 5 days, for a total of 10 days. The Order submitted must be accompanied by this notarized statement, and Postal receipt (if mailed).

    Proof is also required that the Order is acceptable to the Pension Plan Administrator (or person with equivalent authority). This may take the form of a letter (on Plan stationary) to that effect, signed by an authorized person. Please make every reasonable attempt to get approval from the Plan, as a Order containing errors may be signed by a Justice, and distribution made by the Plan, causing severe tax consequences. If the Plan will not comply with your request, an acceptable alternate is settlement of the  Order on notice. This is done in the same manner as notice to your opponent, with the same time limits. If done on notice only, a regularity is required setting forth the service and subsequent lack of response, and an affirmative statement that no objection has been made by the Plan administrator.

 Procedure for submitting a QDRO (simultaneously with Note of Issue, or post-Judgment):
    A QDRO may be submitted for signature simultaneously with a Judgment of Divorce, or as an informal post-judgment motion. The same index number used in the action may be used for this purpose.
 Submit the following required documents to the Matrimonial Support Office, Room 311:

» Copy of the Agreement or Stipulation, or transcript of the hearing (if done on the record), or Judgment or Order containing the terms of the distributive award
» Copy of the Judgment if previously granted, and not included (above)
» Consent to the Order “as to form and substance” from the non-moving party, or notarized affidavit of service for settlement on notice (10 days notice by mail)
» Consent to the Order from the Plan Administrator, or equivalent language clearly stating that the terms of the Order are consistent with the Plan’s requirements and the options available to the Plan participants. If the Administrator is unresponsive, an affidavit of service and an affirmation that the  Order has been served on the Plan Administrator, and that by telephone they have consented or have not objected, or, that they have declined to comment but the Order is believed to be acceptable
» QDRO suitable for signature (1 copy only)
» Self-addressed postcard or envelope for notification of results

Procedure for submitting a QDRO with no action pending:
    A QDRO may be submitted for signature even if no action is, or was, pending (i.e., the marriage is still intact). If a Separation Agreement has been filed with the County Clerk, that index number may be used for this purpose. If not, an index number must be purchased, and a copy of the Agreement or Stipulation, or Memorandum of Agreement, distributing the funds held in trust by the Plan must be filed with the County Clerk (Law & Equity Desk, Room 141b, basement of this building, $170.00 fee by cash, money order, or attorney’s office check). If neither of the Participants is or was a New York County resident, some argument must be made as to why New York County is the appropriate venue for this action (typically, the Plan itself is located here); CPLR §509 does not apply here. After this has been done, submit the following required documents in addition to the list (above) to the Matrimonial Support Office, Room 311:
» Copy of the Index number receipt
» Additional Stipulation specifically agreeing to an immediate distributive award (if such provision does not clearly exist in the Agreement (above, II)
» Statement containing the claim to New York County as proper venue for this action (not necessary if the separation agreement has already been filed with the County Clerk).
 The Order and supporting documents will be sent to the Justice or Special Referee who signed the original Judgment (if previously granted), or,  the Justice or Special Referee assigned to hear the Divorce (if submitted simultaneously), or a Special Referee to hear and determine. The disposition will be one of the following:

A. If acceptable, the order will be signed and sent to the County Clerk for entry. You will be notified by the County Clerk (212 374-8300) by your postcard when entry is complete, and a copy of the Order is available for service on the Plan Administrator. It is your responsibility to serve the Plan Administrator with a copy of the Order with notice of entry. Distribution should take place immediately.
B. If refused, the file will be returned to the Matrimonial Support Office with comments and curative instructions. The Matrimonial Staff will notify you by your postcard of the rejection. Please do not call to discuss this - someone with technical knowledge should come to Room 311 to discuss it in person with a Staff member.

Time Frame:
 QDROs submitted to the Matrimonial Support Office are normally placed before a Justice or Referee within 3 business days. The informal response time for signed the Order, or specifying the errors is approximately 60 days. Frequently, the Order is signed more rapidly, but this is not within our control. Requests for a preference will be entertained for good cause shown only. This request must be made to the Clerk at the time of submission.

Status:
 Requests for current status will be honored by Matrimonial Staff based on the Index number or Calendar number, not the names of the parties. Status inquiries must not be made earlier than 2 weeks from submission.

Defective Papers:
    QDROs rejected by a Judge or Special Referee as not suitable for signature will be marked "defective" and returned to the Matrimonial Office. Notification is made by your postcard. No discussion as to the nature of the defect will be made by telephone; a personal appearance is required, either by the Attorney, Plaintiff, or authorized agent. Services and attorney's employees are permitted only to make a copy of the Defective Papers notice.
    Re-submissions must address all errors complained of in the Defective Papers notice. An additional effort should be made to detect and cure any oversights that may escaped the Judge’s attention. A re-submission is presumed to be fully curative of all errors and ommissions, regardless of whether or not they were the subject of a specific comment.
    Re-submissions may be made in person or by mail to Room 311, and must include a stamped, self-addressed postcard or envelope for notification. The response time for the re-submission is the same as a new action: 60 days.

Entry of Order:
    Entry of the Order is done by County Clerk staff (Law & Equity desk, Room 141, basement), and typically takes 4-5 weeks following the signing of the Order. Please do not call Matrimonial Support to confirm entry; you must call 212 374-8300 for this information.

Expedites:
    Applications for expedited entry of Orders must be made to Deputy County Clerk J. Rossetti, in Room 161.

Certified Copies:
    Certified copies are only available (after entry of Order) to Plaintiff, Defendant, their attorneys of record in this action, and other persons given this authority by affidavit of Plaintiff or Defendant. Copies are not available from the Court, only from the County Clerk Record Dep't., located in Room 103B, basement of this building at 60 Centre Street New York NY 10007, 212 374-4704. The cost is $8.

    Social Security numbers of Plaintiff, Defendant, and any children of the marriage must appear on the Affidavit of Fact and Decision, and of Plaintiff and Defendant only on the Certificate of Dissolution (VS-140/DOH-2168).

    A definitive entry is mandatory as to Plaintiff:

• actual Social Security number
• "none", if Plaintiff never had a Social Security number

• actual Social Security number
• "none", if Defendant never had a Social Security number
• "unknown", only if the question has actually been posed with no response, or the question cannot be posed (as in service by mail or publication).

    This is required only in cases where there are children of the marriage under age 21 for whom there is a child support provision in the Judgment. The Matrimonial Office (Room 311) will supply a sample (by mail, with your SASE), which may be xeroxed using colored (not white) paper only.

    You must use the 5/2000 version, with provisions for Social Security Numbers of Plaintiff and Defendant. Acceptable entries are as shown above. Xerox copies are acceptable.

    Actions submitted to the Matrimonial Support Office are normally placed before a Justice or Referee within 5 business days. The informal response time for granting the divorce, or specifying the errors is approximately 60 days. Frequently, the judgment is granted more rapidly, but this is not within our control. Requests for a preference will be entertained for good cause shown only. This request must be made to the Clerk at the time of submission. 

    Requests for current status will be honored by Matrimonial Staff based on the Index number or Calendar number, not the names of the parties. Status inquiries must not be made earlier than 2 weeks from submission. 

    Actions rejected by a Judge or Special Referee as not suitable for signature will be dismissed when warranted, or marked "defective" and returned to the Matrimonial Office. Notification is made by your postcard. No discussion as to the nature of the defect will be made by telephone; a personal appearance is required, either by the Attorney, Plaintiff, or authorized agent. Services and attorney's employees are permitted only to make a copy of the defective notice. Defective papers may be returned on request, at the discretion of the Clerk.

    All material must be carefully proof-read before submission. It is your responsibility to detect and correct "typos", improper or missing venue of notarization, incorrect or missing index number on all documents, un-signed and/or un-sworn affidavits, un-answered questions, blank spaces where inapplicable references should be deleted, missing dates, missing documents, lack of proper non-frivolous certification, lack of proper recitals in Decision and Judgment, no Social Security numbers, and any other errors that should, and will, be corrected by the moving party prior to submission.

    The Court has already provided detailed and comprehensive instructional material for this purpose. Do not ask the Clerk to explain or identify errors for which an adequate explanation has already been made in print.

    No specific commentary will be made as to errors of the nature referenced above. Only technical errors (procedural, jurisdictional, cause of action, etc.) will be the subject of specific curative instructions, with the attorney or plaintiff only.

    If your papers are rejected with no other comment other than a statement containing the above message, the errors are of that type, for which no assistance will be rendered.

    Failure to cure a defect within 6 months of filing the note of issue will result in the action being marked off the calendar.

    Actions rejected by a Judge or Special Referee as not suitable for signature (see "Defective Papers"), and not cured as of 6 months after filing the note of issue will be marked off the Uncontested Calendar by Short Form Order, and sent to the County Clerk for entry.

    You may not resubmit the action directly to the Judge or Referee at this point. If you have cured the defect(s), the action may be restored on notice to the defendant.

    Pursuant to CPLR §3404, you must move to restore the case within one year of the mark-off order. If not submitted by the 1 year anniversary date, the Clerk (on application by either plaintiff or defendant) will enter an Order of Dismissal, permanently closing the case. Either plaintiff or defendant may then commence a new action by securing a new index number and filing a summons, either here or in any County or State in which the action may be properly brought.
    The original error ("Defective Paper" message) that caused the mark-off must be cured before resubmission. Do not resubmit unless all errors, omissions, etc. have been corrected. This includes errors that may not have been the subject of the original curative instructions. It is your responsibility to proof-read the entire action to find and correct all errors prior to submission.
    Plaintiff or attorney must submit a sworn statement requesting the Court to restore, stating that the error has been cured, and explaining the delay.
    Restoration is done on notice to the defendant (service of the notice may be made by mail by a 3rd party, with a notarized affidavit of service), returnable before the Judge or Special Referee who originally rejected the case (not necessarily who signed the mark off order). The defendant now has time to respond (25 days if served by mail). If the defendant consents in a notarized statement, you may proceed immediately. A new affidavit of regularity must be submitted setting forth the original default, as well as this new default (26th day) or consent. An RJI is not required. This is not a formal motion, and does not go through the Motion Support Office.
    Compliance with the new matrimonial rules is mandatory as to any papers executed or submitted after March 2, 1998, especially Rule 130-1.1.
    The new (5/2000) Certificate of Dissolution (VS-140/DOH-2168) is required.
    The new Judgment must state as a decretal paragraph: "IT IS ORDERED THAT THIS CASE IS RESTORED TO THE CALENDAR".
    Requisition the County Clerk File (Room 103B), and submit it with all your other papers.
    Submit a self addressed stamped post-card or envelope.

    When all steps are completed, submit the file to Matrimonial Support, Room 311.

    Entry of judgment is done by County Clerk staff (Law & Equity desk, Room 141, basement), and typically takes 6-7 weeks following the signing of the judgment. Please do not call Matrimonial Support to confirm entry; you must call 374-8300 for this information.

    Applications for expedited entry of judgment must be made to Deputy County Clerk James Rossetti, in Room 161.

    Certified copies are only available (after entry of judgment) to Plaintiff, Defendant, their attorneys of record in this action, and other persons given this authority by affidavit of Plaintiff or Defendant. Copies are available only from the Record Dep't. of the County Clerk, Room 103B (basement, 212 374-4704); the cost is $8.

    All pleading in matrimonial actions are sealed by operation of law for 100 years (DRL §235). Additional sealing requires a specific judicial order, which will be granted for good cause shown only. Unsupported references to sealing will be struck from proposed judgments.