This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
New York Findings of Fact and Conclusions of Law
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Description
Definition and Meaning
The New York Findings of Fact and Conclusions of Law is a legal document used in divorce proceedings in New York State. It is a court order that outlines the key facts established during the legal proceedings and the conclusions drawn by the court based on those facts.
This document helps clarify the reasons for the court’s decision regarding the divorce, including any rulings on child custody, division of assets, and other significant matters arising from the case.
Who Should Use This Form
The New York Findings of Fact and Conclusions of Law should be utilized by parties involved in divorce proceedings in New York State. It is particularly relevant for:
- Individuals seeking a formal judgment of divorce.
- Legal representatives assisting clients in divorce cases.
- Any party needing a clear documentation of the court's decisions regarding their case.
Key Components of the Form
This form consists of various essential sections, including:
- Findings of Fact: Detailed statements about the facts determined by the court.
- Conclusions of Law: The legal reasoning behind the court's decisions.
- Judgment Date: The date when the court made its final ruling.
- Residency Requirements: Affirmations that the jurisdictional requirements are satisfied.
Each of these components plays a vital role in documenting the court's decisions and the legal rationale in divorce matters.
Benefits of Using This Form Online
Using the New York Findings of Fact and Conclusions of Law form online provides several advantages, including:
- Convenience: Users can fill out the form from the comfort of their home without needing to visit a court office.
- Accessibility: The form can be accessed anytime, making it easier to complete at one’s own pace.
- Guidance: Online platforms often provide step-by-step instructions, ensuring all necessary sections are completed correctly.
These benefits simplify the legal process for individuals navigating divorce proceedings.
Common Mistakes to Avoid When Using This Form
When completing the New York Findings of Fact and Conclusions of Law, it is crucial to avoid several common errors:
- Incomplete Sections: Make sure to fill out all required sections fully to avoid delays.
- Missing Signatures: Ensure all necessary parties sign the form before submission.
- Incorrect Information: Double-check all entries for accuracy, particularly names, dates, and legal references.
By being aware of these pitfalls, users can ensure a smoother filing process.
What Documents You May Need Alongside This One
To successfully submit the New York Findings of Fact and Conclusions of Law, you may need the following documents:
- Summons with Notice or Complaint: Essential for referencing the case details.
- Proof of Service: Documentation showing that the other party was appropriately notified of the divorce proceedings.
- Financial Disclosures: Relevant financial information that may impact the findings and conclusions.
Having these documents ready can facilitate the timely processing of your form and court case.
What to Expect During Notarization or Witnessing
When the New York Findings of Fact and Conclusions of Law requires notarization, expect the following process:
- Identification: Bring valid identification to verify your identity to the notary.
- Signature: Sign the document in the presence of the notary, who will then witness the signing.
- Affixing the Notary Seal: The notary will attach their seal, indicating that the document has been properly executed.
Witnessing, if required, involves similar identification and confirmation that the signers are competent to execute the document.
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FAQ
In New York, an uncontested divorce is where both spouses agree to a end their marriage and have settled all of the divorce-related issues in their case, such as division of property and alimony. In New York, you and your spouse also have to agree on the grounds or reason for your divorce.
The court will give you a proof of written judgement that lets you know that your divorce is final. You can request a copy of this judgement from the court in your jurisdiction contact the courthouse or visit its website to see what its specific procedures are.
Finding. The result of the deliberations of a jury or a court. A decision upon a Question of Fact reached as the result of a judicial examination or investigation by a court, jury, referee, Coroner, etc.The word commonly applies to the result reached by a judge or jury.
February 12, 2020. (n) Findings Of Fact is the decision, opinion or observation arrived by a judge or jury on the issues related to the fact that are submitted for a decision of the court. The finding of facts ultimately influence the judgment.
Conclusion of law. n. a judge's final decision on a question of law which has been raised in a trial or a court hearing, particularly those issues which are vital to reaching a statement.
Findings of Fact & Conclusions of Law After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.
To find divorce records, visit the office or online website of the county in which the divorce was finalized. The NYSDH also provides copies of divorce certificates upon request. Its records include divorces granted in the state from 1963 to the present.
Findings and conclusions show the appellate court that the trial court applied the right standard and found the facts necessary to support the judgment.
If you have no children under 21 and your marriage has been over for at least 6 months, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.