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New York ___________________________________ Signature of Defendant ________________________________________ Printed Name of Defendant 3 ______________ Presiding Judge Approved as to form and content: ________________________________________ Signature of Plaintiff ________________________________________ Printed Name of Plaintiff _____s / Defendant's name be restored to _____________________ as set forth in said Marital Settlement Agreement. Signed and entered this ________ day of ____________, 20____. __________________________Marital Settlement Agreement; 2 5. That the custody, visitation, care, and support of the parties' children shall be as set forth in said Marital Settlement Agreement; and 6. That the Plaintiff'perty and obligations shall be distributed and apportioned according to the terms and conditions of said Marital Settlement Agreement; 4. That alimony and maintenance shall be as set forth in said ade part of this court order, and the parties are ordered to comply with all terms and conditions of said Marital Settlement Agreement, but that it shall survive this order; 3. That the parties' protal Settlement Agreement between the parties and dated the ______day of ______________, 20___,which is attached and incorporated by reference, are hereby approved and incorporated, merged into, and mT ORDERS, ADJUDGES, AND DECREES: 1. That the marriage of the Plaintiff and the Defendant is hereby dissolved and that they are hereby divorced; 2. That all of the terms and provisions of the Mariions of law, a record of testimony, motion for a new trial, notice of entry of final Judgment, and right to appeal, but have not waived their rights to future modification of this Judgment. THE COUR of the parties and of the subject matter; 1 3. That all of the material allegations contained in the Complaint are true; and 4. That the parties have voluntarily waived findings of fact, conclusnd heard the evidence and being fully advised finds: 1. That all necessary residency requirements and prerequisites of law have been legally satisfied; 2. That this Court has personal jurisdictionaived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appear. The Court, having examined the verified pleadings a ) ) ) ) ) ) ) ) ) Case #: ____________ JUDGMENT OF DIVORCE On the _______ day of ___________, 20___, a final hearing was held in this cause. The Plaintiff was present, in person. The Defendant w York, __________ County In re The Marriage of: _______________________, Plaintiff and _______________________, Defendant And in the interest of: _______________________ _______________________. ) )rding the use of this form or divorce in your state, visit you state's legislative site (a link is provided on the first page of this packet) or contact an attorney. Supreme Court of the State of Newonjunction with the statespecific information supplied with this packet. Fill out the requested information and then print out a final copy for dating and signature. If you have further questions rega, Plaintiff ______________________________ John William Smith, Defendant Sample Judgment of Divorce 3 Judgment of Divorce Form The Judgment of Divorce form begins on the following page. Use it in cent Agreement. Signed and entered this 6th day of July, 2004 ________________________________________ Presiding Judge Approved as to form and content: ______________________________ Mary Ellen Smith support of the parties' children shall be as set forth in said Marital Settlement Agreement; and 6. That the Plaintiff's name be restored to Mary Ellen Carter as set forth in said Marital Settlem Marital Settlement Agreement; 4. That alimony and maintenance shall be as set forth in said Marital Settlement Agreement; Sample Judgment of Divorce 2 5. That the custody, visitation, care, andall terms and conditions of said Marital Settlement Agreement, but that it shall survive this order; 3. That the party's property and obligations shall be distributed according to the terms of said 1st day of May, 2004, which is attached and incorporated by reference, are hereby approved and incorporated, merged into, and made part of this court order, and the parties are ordered to comply with Smith and the John William Smith is hereby dissolved and that they are hereby divorced; 2. That all of the terms and provisions of the Marital Settlement Agreement between the parties, dated the al Judgment, and right to appeal, but have not waived their rights to future modification of this Judgment. THE COURT ORDERS, ADJUDGES, AND DECREES: 1. That the marriage of the Plaintiff Mary Ellentions contained in the Petition are true; and 4. That the parties have voluntarily waived findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of finuisites of law have been legally satisfied; 2. That this Court has personal jurisdiction of the parties and of the subject matter; 1 Sample Judgment of Divorce 3. That all of the material alleganot otherwise appear. The Court, having examined the verified pleadings and heard the evidence and being fully advised in the premises finds: 1. That all necessary residency requirements and prereqEllen Smith, was present, in person. The Defendant, John William Smith, waived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did interest of: Alice Mary Smith and James John Smith ) ) ) ) ) ) ) ) ) ) Case #: ABC123 JUDGMENT OF DIVORCE On the 6th day of July, 2004, a final hearing was held in this cause. The Plaintiff, Mary nt of Divorce. Sample Judgment of Divorce In the Circuit Court for Washington County, State of Superior In re: The Marriage of Mary Ellen Smith, Plaintiff and John William Smith, Defendant And in theSuperior. Please keep in mind that this is a general sample, and it may differ from the form and language used in your state. Please follow your state specific instructions when completing your Judgmet on May 1, 2004, and their hearing for divorce is calendared for July 6, 2004. The parties live in the fictional town of Centerville, in the fictional County of Washington, in the fictional State of For the purposes of preparing this sample agreement, a fictional family was used. Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They filed a Marital Settlement Agreemenn assembled using the Judgment of Divorce Form and instructions included in this kit. By reviewing this sample agreement, you will be able to see what a completed Judgment of Divorce should look like.alforms.com/public/DIV/SLD/DIV-DIGEST.rtf Instructions ­ Judgment of Divorce 3 Judgment of Divorce Sample Information A complete sample Judgment of Divorce begins on the following page. It has beencludes information regarding your state's divorce laws and procedure. Use this information to ensure that your Judgment of Divorce is in compliance with all applicable state laws. http://www.findlegssure that the information contained in this section is accurate and complete; however, laws are subject to constant change. Follow the link below to our free State Law Digest for Divorce Law, which i's signature. 6. 7. 8. 9. 10. Instructions ­ Judgment of Divorce 2 STATE LAW These instructions provide general guidance on completing your Judgment of Divorce. Every effort has been made to aare case the Judge changes the terms of the divorce, he or she will instruct you on what changes you need to make. Follow these instructions carefully, and resubmit the modified Judgment for the Judgeature lines. The Judge will insert the date the decree is entered, and sign the Judgment, making the divorce final. Do not insert a date or name in the space provided for the Judge's entries. In the rof the second page. The Party who filed for divorce is the Plaintiff, and the responding party is the Defendant. Insert your name and the name of your spouse in the appropriate spaces beneath the signLY the paragraph numbered six (6), and check for continuity of numbering of the remaining paragraphs. Both you and your spouse should sign the Judgment for Divorce on the lines provided at the bottom n said Marital Settlement Agreement." If neither the last name of you nor your spouse will change, remove paragraph six (6) from the section titled "The Court Orders, Adjudges, and Decrees." Remove ON and is therefore the Plaintiff) and insert "Mary Ellen Carter" in the blank provided. The completed paragraph six will read: "That the Plaintiff's name be restored to Mary Ellen Carter as set forth ith filed for divorce from her spouse, John Smith. Mary wishes that her name to revert to her maiden name, Carter. In paragraph six (6), Mary will remove the word "Defendant's" (Mary filed for divorce,Marital Settlement Agreement), in paragraph six (6) insert the new full name of the spouse, and remove from the paragraph the title of the spouse whose name will remain the same. For example: Mary Smiaragraph numbered five (5), and check for continuity of numbering of the remaining paragraphs. If the last name of you or your spouse will change as a result of the divorce (and is referenced in your l Settlement Agreement with this Judgment. If you and your spouse have no minor children, remove paragraph five (5) from the section titled "The Court Orders, Adjudges, and Decrees." Remove ONLY the pitled "The Court Orders, Adjudges, and Decrees," fill in the date of your Marital Settlement Agreement was dated. For example: "On the First day of May, 2004." Be sure to include a copy of your Maritaructed to do so. 5. In the blanks on the line following "Judgment of Divorce" fill in the date of your divorce hearing. For example: "On the Sixth day of July, 2004." In paragraph two of the section tODY The remainder of the document includes the actual language that the judge will use to make your divorce final. Carefully follow these instructions and do not change any of the language unless instdivorce with the court clerk, your case will be assigned a case number. Insert that number in the space provided on the right side of the caption. 2. 3. 4. Instructions ­ Judgment of Divorce 1 Bthe name(s) of your minor child or children on the lines provided. If you have no minor children, remove this language and the blank lines from your document. When you file your initial complaint for the line above "Plaintiff" and insert the name of the other spouse on the line above "Defendant." If you and your spouse have minor children, include the language "and in the interest of" and insert 1. Fill in the blank with the name of the judicial circuit and county in which you filed for divorce. In the section below "In re: The Marriage of" insert the name of the spouse asking for divorce onudgment of Divorce") is called the caption. The caption includes information vital to the proper filing and recordkeeping of your action, so be very careful when completing this part of your document.time of your hearing. Your judgment must then be modified and resubmitted to the court clerk for the judge's signature. CAPTION The portion of court documents above the title (here, above the line "Jnt of child support may be increased or decreased by the judge. If this happens, the judge will orally inform you of such a change during your hearing. Any such changes must be noted carefully at the sign this document at the close of your court hearing. Although it is unlikely, there is a possibility that the judge may make some changes in the final version of the judgment. For example, the amoutested divorce proceeding which is based on a written and signed marital settlement agreement (as yours will be), a pre-prepared final judgment is common. In the vast majority of cases, the judge willequested in the last section of your Complaint/Petition for Divorce. Although the judge will not sign this document until the end of your divorce hearing, it should be prepared in advance. In an uncon very careful and take your time. It must be prepared to reflect exactly what you and your spouse have agreed upon in your Marital Settlement Agreement. It should also parallel exactly what you have rers. a comprehensive set of instructions; a completed a sample Judgment of Divorce for your reference. Instructions Judgment of Divorce New York GENERAL INSTRUCTIONS: As you prepare this document, beity, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal mattr consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liabilFindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, oive any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no event will: i) . does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not gtal Settlement Agreement. In addition to a Judgment of Divorce form, this kit also includes: i) ii) Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inche actual terms of the divorce, and provides for important matters such as the changing of a former spouse's last name, and the terms of child custody, and division of property as detailed in the Marirce. The caption identifies the involved parties. The overview of the Judgment contains the procedural details required before a Judge will preside over the divorce. The Decree of the court contains tmarriage is officially over. The document contains the caption identifying the case and the parties, an overview of the Judgment of Divorce, and the Decree of the court regarding the terms of the divoInformation Judgment of Divorce New York Provided under agreement with copyright holder, © Nova Publishing Company 2004 Judgment of Divorce is the legally binding court order that declares that your New York