![]() These rules are largely ministerial, and cover such matters such as adjournments, having a set day of the week for motions, additional rules involving motions, trial requirements, or even customized forms.Ī non monied spouse wants to make a motion for pendente lite relief. Judge Specific RulesĮach justice may have his or her own specific rules. Specific forms, mandatory language, are determined by administrative orders. The filing of the Request for Judicial InterventionĪdministrative orders and orders from the appellate division both fall into this category.The filing of retainer agreements with the Court.Mandatory provisions required in every matrimonial retainer agreement.Mandatory use of the Statement of Client's Rights and Responsibilities.22 NYCRR 1400 governs retainer agreements and fees in all matrimonial cases. These rules govern mandatory financial disclosure, requirements for pendente lite motions. 22 NYCRR 202 applies to all trial courts and 22 NYCRR 202.16, 202.16-a and 202.16-b are specifically for matrimonial actions. The NYCRR are additional rules that apply to various courts. The New York Code of Rules and Regulations (22 NYCRR 1400, 22 NYCRR 202 and 202.16) ![]() Section 236 Part B defines the term “Matrimonial Action” as any case which seeks a divorce, an annulment, a declaration of a void marriage, a separation, or a special proceeding for equitable distribution following a foreign divorce. It is the DRL itself which defines what a matrimonial action is. For example, the Summons and service of process must meet the additional requirements of DRL 232 in addition to CPLR 308. In addition, the DRL also mandates certain procedural requirements for matrimonial actions not found in the CPLR. It authorizes the Court to award custody, parenting time, child support, (DRL 240) spousal maintenance and to divide marital property (DRL 236 B). The Domestic Relations Law specifies the grounds for divorce (DRL 170), the grounds for an annulment ( DRL 140), and the grounds for a separation ( DRL 200). The DRL is the statutory basis that contains procedural rules, defines the various matrimonial cases and what is needed to bring them, and the relief that can be obtained in a matrimonial action. Since 1962, the CPLR is the statutory authority on the procedure of all court actions, and cover aspects such as ![]() The old CPA was often referred to as "A Brobdingnagian conglomeration of heterogeneous rules of law and practice" full of absurd procedural oddities. It was enacted in 1962, and replaced the antiquated Civil Practice Act of 1921. The CPLR governs the legal procedure in all Court proceedings. The Civil Practice Laws and Rules (The CPLR) The New York Code of Rules and Regulations (NYCRR)Ī.The Civil Practice Laws and Rules (The CPLR).The rules of procedure are found in five sources: The Rules of Procedure for New York Divorces In broad terms, the same rules which apply to a breach of contract cause and a personal injury case also apply to matrimonial cases, subject to certain exceptions. Since each Supreme Court has multiple justices, there are literally hundreds of Supreme Court justices in New York.Įvery type of matrimonial action is a case like any other. ![]() Despite its name, New York Supreme Court is the lowest level trial court each of New York’s 62 counties has one Supreme Court. In New York, the Supreme Court is the only court which has the authority to grant a divorce. Its an an element that is all too often overlooked, often needlessly so, as having a working knowledge of what to expect makes it much easier to fit the other pieces of a matrimonial action together. The procedure of a New York divorce is the road map each case follows. Charting the Procedural Waters in a Matrimonial Action ![]()
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