Divorce Questionnaire
Tell us a little about yourself and your spouse. Please send a copy of your Driver's License or other State issued identification card and any other supporting/relevant documents to
jamel@oesersweat.com
* Required
Email address
*
Your email
Hello! Tell us a little about yourself and your spouse. Please send a copy of your Driver's License or other State issued identification card and any other supporting/relevant documents to jamel@oesersweat.com.
Mr. or Ms.
*
Choose
Mr.
Ms.
First Name
*
What is Your First Name?
Your answer
Last Name
*
What is Your Last Name?
Your answer
Date of birth
*
What was your date of birth?
MM
/
DD
/
YYYY
Place of Birth -You
*
Where were you Born? Give City and Country.
Your answer
Last Grade Completed
*
INDICATE HIGHEST GRADE COMPLETED
Choose
Elementary 5
Elementary 6
Elementary 7
Elementary 8
High School 9
High School 10
High School 11
High School 12
College 13
College 14
College 15
College 16
College 17+
Telephone number?
*
What is your telephone number?
Your answer
Email address
*
What is your email address?
Your answer
Mailing address?
*
What is your mailing address?
Your answer
Mailing Address #2
Additional Mailing Address Information
Your answer
City
*
What is your City?
Your answer
State
*
What is your State?
Your answer
Zip Code
*
What is your zip code?
Your answer
Address History
Address history for the last 3 years
Your answer
Your Spouse
Mr. or Ms.
*
Choose
Mr.
Ms.
First Name
*
What is Your spouse's First Name?
Your answer
Last Name
*
What is Your spouse's Last Name?
Your answer
Mailing Address #1
Mailing Address Information
Your answer
Mailing Address #2
Additional Mailing Address Information
Your answer
City
*
What is your spouse's City?
Your answer
State
*
What is your spouse's State?
Your answer
Zip Code
*
What is your spouse's zip code?
Your answer
Email address
*
What is your spouse's email address?
Your answer
Telephone number?
*
What is your spouse's telephone number?
Your answer
Date of birth
*
What was your spouse's date of birth?
MM
/
DD
/
YYYY
Place of Birth -Spouse
*
Where was your Spouse Born? Give City and Country.
Your answer
Last Grade Completed - Spouse
*
INDICATE HIGHEST GRADE COMPLETED BY SPOUSE
Choose
Elementary 5
Elementary 6
Elementary 7
Elementary 8
High School 9
High School 10
High School 11
High School 12
College 13
College 14
College 15
College 16
College 17+
Address History
Address history for the last 3 years
Your answer
Spouse's Attorney
*
What is the Name, Address & Phone Number of your Spouse's Attorney?
Your answer
Wife's Maiden Name
Your answer
Tell Us About The Marriage
Prenuptial Agreement
*
Was there a prenuptial Agreement
Choose
Yes
No
a previously executed prenuptial agreement is to be superseded
Place of marriage
*
Your answer
Date of marriage
*
MM
/
DD
/
YYYY
Date of Separation
*
FYI: In order to qualify for divorce, this date has to be over 6 Months Ago
MM
/
DD
/
YYYY
Marriage performed by?
*
Was marriage performed by minister, clergyman or a leader of the Society for Ethical Culture?
Choose
Yes
No
Barrier's to Remarriage
Has Plaintiff taken steps to remove barriers to Defendant's remarriage (Cultural, Religious, Contractual barriers)
Choose
Yes
No
There are no such barriers to remarriage
The marital residence was -
*
Where did you live during the marriage?
Choose
an apartment (rented)
A house owned by BOTH parties
A Condo owned by BOTH parties
A coop owned by BOTH parties
a house owned by husband
a condo owned by husband
a coop owned by husband
a house owned by wife
a condo owned by wife
a coop owned by wife
a rented premises other than an apartment
Legal title of the marital residence is to be
Choose
transferred to Husband and Wife as tenants in common
transferred to Wife
transferred to Husband
left unchanged
transferee to pay lump sum for transferor's interest: $
transferor to continue to pay expenses of marital residence - describe:
Lump sum or expenses
Amount of lump Sum or details of expenses to be paid
Your answer
Possession of marital residence to be given
Amount of lump Sum or details of expenses to be paid
Choose
Wife
Husband
marital residence is to be sold
marital residence is to be sold but Wife may reside until the sale
marital residence is to be sold but Husband may reside until the sale
marital residence is to be sold and neither may reside
marital residence to be sold only if party in possession vacates
marital residence to be sold only if party in possession remarries
marital residence to be sold only if party in possession cohabits with adult
marital residence to be sold only if party in possession -children emancipated
OTHER REAL ESTATE
there is OTHER REAL ESTATE, the rights to which should be set forth in Agreement - describe property and rights
Your answer
DEBTS
Marital debts
Choose
there are marital debts to be listed and paid by Husband
there are marital debts to be listed and paid by WIfe
some by Husband and some by Wife
DEBTS
Describe debts to be paid
Your answer
Joint Accounts
Are there joint accounts?
Choose
yes
no
Bank Accounts Drained
have bank accounts been drained by either party?
Choose
yes, some accounts have been drained by Husband
yes, some accounts have been drained by Wife
yes, some accounts have been drained by Husband & Wife equally
AUTOMOBILES
identify autos, who gets them (and any provision re expenses of autos):
Your answer
Children
Number of Children
*
How many children of the marriage are there?
Choose
None
1
2
3
4
5
6
7
8
9
10
11
12
13
Information About Children
Name(s), addresses, birth date(s), whether minors (under 21), and Soc. Sec. No(s).:
Your answer
Custody of minor children
Re custody of minor children who will have custody after the divorce? Custodial Parent will be..
Wife shall have custody
Husband shall have custody
joint custody but children will reside with Wife
joint custody but children will reside with Husband
joint custody without stating where children will reside
Complaint is to be silent re custody
Husband now has the children
Wife now has the children
Residence of Children
With whom have the children resided over the last 5 years?
Choose
both Husband and Wife
just Wife
just Husband
other
Child Support
What is the child support arrangement between the parties? For your information, child support is often 17% for 1 Child, 25% for 2 Children, 29% for 3 children, etc.
Choose
noncustodial parent shall pay specific amount for child support for each child
noncustodial parent to pay minimum child support ($25 per month)
no child support is to be sought
noncustodial parent shall pay a "reasonable" amount
child support is based on a Family Court order
Child Support Amount
What is the child support Amount to be paid?
Your answer
Support Collection Unit
Re child support enforcement services of the the Support Collection Unit:
Choose
custodial parent waives such
custodial parent seeks such services for the first time
custodial parent has a pending application for such services
custodial parent already receives such services
Health Care
Will additional periodic child support be paid for Health Care?
Choose
Yes
No
Insurance till Age
If yes, party to provide health care insurance for children until :
Choose
21
18
other
Child Care
Will additional periodic child support be paid for Child Care?
Choose
Yes
No
Education Expenses
Will additional periodic child support be paid for Education Expenses?
Choose
Yes
No
Education till Age
If yes, party to education expenses for children until :
Choose
21
18
other
Visitation of Children
Choose
noncustodial parent shall have "reasonable" visitation
noncustodial parent shall have visitation rights pursuant to a specific schedule
visitation for noncustodial parent is not to be sought
Visitation of Children
If other, tell us what your arrangement is/shall be.
Your answer
Anything Else about children you wish to state?
If yes, party to education expenses for children until :
Your answer
The Legal Stuff
Grounds for Divorce
*
What are the Grounds for Divorce? (check all that apply)
no-fault divorce (the relationship has broken down irretrievably for at least six months) (Most Frequent Choice)
living apart pursuant to a separation agreement
cruelty and inhuman treatment (list 3 acts)
confinement in prison
confinement in mental institution
living apart pursuant to a decree or judgment
"constructive abandonment"
abandonment
lock-out
a stipulation of settlement probably will be executed
even though living apart pursuant to a separation agreement may not be a ground for divorce, a separation agreement (such as one executed within the last year) is to be incorporated in the judgment
Required
The Defendant probably will
*
Choose
sign a CONSENT to the divorce
default (without signing a consent)
definitely contest the divorce
The residency requirement is satisfied by -
*
To get a divorce in New York, You have to have ties to the State.
Choose
Plaintiff's residence in NY for 2 years
Defendant's residence in NY for 2 years
marriage in NY plus 1 year residence by Plaintiff
marriage in NY plus 1 year residence by Defendant
having resided in NY as husband and wife plus 1 year residence by Plaintiff
having resided in NY as husband and wife plus 1 year residence by Defendant
the act upon which the divorce grounds are founded occurred in NY and Plaintiff resided in NY 1 year
the act upon which the divorce grounds are founded occurred in NY and Defendant resided in NY 1 year
upon which the divorce grounds are founded occurred in NY and both parties reside in NY
County where papers will be filed:
*
County in NY State where you or your spouse have lived for 2 or more years
Your answer
Venue is based on
*
Why are we filing in the county that you chose?
Choose
Plaintiff's residence in County
Defendant's residence in County
CPLR Sec. 509
Family Court proceeding?
*
Has a Family Court proceeding been commenced?
Choose
Yes
No
Family Court proceeding Info
What is the Index No. of the family court proceeding #/Year
Your answer
Family Court proceeding county
What county was the family court proceeding in?
Your answer
Orders of Protection?
*
Has an Order of Protection ever been issued against you or your spouse?
Choose
Yes, I have had an order of protection filed against me
Yes, my spouse has had an order of protection filed against him/her
No, neither party has had an order of protection filed against him or her
Military Service
Is the Husband in the military?
*
Choose
Yes
Yes but he is located in US and not deployed
No
Is the Wife in the military?
*
Choose
Yes
Yes but she is located in US and not deployed
No
Military Retirement Pay
spouse is to receive percentage of "retired pay"
spouse is to be beneficiary of military Survivor Benefit Program
Other:
INCOME TAXES
Income Taxes
With respect to income taxes
Choose
parties filed joint returns for past year
parties are GOING TO file joint returns for past year
Income Tax Refund to be paid to:
With respect to refund for income taxes for past year not yet filed
Choose
Husband
Wife
parties equally
in proportion to income
Other
Agreement to be silent on subject
Income Tax Deficiency to be paid by:
With respect to defciency for income taxes for past year not yet filed
Choose
Husband
Wife
parties equally
in proportion to income
Other
Agreement to be silent on subject
party who caused the deficiency
Life Insurance
Life Insurance
Husband to maintain Life insurance for benefit of -
Wife and children
just Wife
just children
Wife or if she dies children
just minor children
Husband to procure new insurance (none exists)
Agreement to be silent on subject
Other:
Medical Insurance
Please note that the parties will have to have medical insurance or sign a statement that they waive such in order to get a divorce. Also, parties might have the right to COBRA.
Medical Insurance
Husband to maintain medical insurance for benefit of -
Wife and children
just Wife
just children
Wife and just minor children
just minor children
Husband to maintain "major medical" insurance (in addition to basic coverage)
Husband need not maintain insurance if Wife's employer provides coverage
requirement for insurance to end on a specific date:
Other:
Medical Insurance Deductible
*
Re the deductible under medical insurance -
Husband pays deductible
Husband pays half deductible
Husband pays some other portion of deductible
Wife (not Husband) pays deductible
Agreement to be silent on subject
Other:
Required
Other Medical
Should the same rule apply to -
dental and orthodontic expenses
all medical expenses not covered by insurance
If not, is anything to be provided:
Other:
Other
Is there a pension plan?
*
Choose
No
Yes Husband has a pension plan
Yes Wife has a pension plan
both parties have a pension plan
Did either party get a degree during the marriage?
*
Choose
No
Yes the husband got a degree during the marriage
Yes the wife got a degree during the marriage
both parties got a degree during the marriage
Did either party get a license during the marriage?
*
Choose
No
Yes the husband got a license during the marriage
Yes the wife got a license during the marriage
both parties got a license during the marriage
Pending Divorce?
*
Have you been served with Divorce Papers?
Choose
No
Yes, but I have not answered yet
Yes and I have answered
Pending Divorce Information
When were you served? Where? What is the index number of the case? What court is it pending in?
Your answer
Anything you want to tell us?
Your answer
Send me a copy of my responses.
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