[or, before R. F., Esq., referee, duly appointed by this court by its order bearing date the day of 19], and satisfactory evidence having been presented on the part of the plaintiff, proving the material allegations of the complaint; and the court having duly made and filed its decision [or, the referee having determined and reported] among other things, that the defendant has committed adultery without the consent, connivance, privity or procurement of the plaintiff, and that the plaintiff was entitled to a judgment in her favor, dissolving the aforesaid marriage, and divorcing the plaintiff from the defendant by reason of adultery committed by defendant as aforesaid; and the said decision [or, the report of said referee] bearing date the day of 19 having been duly filed in the office of the clerk of the county of

19

on the

day of and [said referee's report having been duly confirmed and] an interlocutory judgment bearing date the

day of

19, having been duly entered [on said referee's report], and directing the entry of final judgment thereon three months after the filing of said decision [or, report] and interlocutory judgment, and said interlocutory judgment having been duly filed in the office of the clerk of the county of

on

the day of 19 ; and no order or direction of the court in any wise affecting said judgment, or application for such order or direction, having been made or filed, and the court not having forbidden the entry of final judgment, and three months having elapsed since the filing of said decision [or, report] and interlocutory judgment, and due notice of this application having been given to the attorney for the defendant,

Now, ON MOTION of A. T., attorney for plaintiff, it is

ORDERED AND ADJUDGED that the marriage between the said plaintiff C. B. and the defendant A. B., be and the same is hereby dissolved, and the said parties are and each of them is freed from the obligations thereof.

That it shall be lawful for the said C. B., the plaintiff, to resume her maiden name, if she so elect, and to marry again in

tory judgment. The directions in the interlocutory judgment for the entry of final judgment are in themselves sufficient compliance with Gen. Rule No. 76, forbidding entry of judg ment except upon special direction of the court. Phillips r. Phillips, supra.

In New York county, this application must be made at Special Term, Part III, upon the judgment roll, a certificate of the county clerk that no

orders have been entered, or with a copy of each order entered annexed, and proof by the moving party that no application for an order has been made. Special Term Rule No. 8.

Three months must elapse from the filing of the interlocutory judgment entered upon the referee's report, not from the filing of the report. Gibson v. Gibson, 40 Misc. 103, 81 N. Y. Supp. 343, 13 Anno. Cas. 25.

the same manner as if the said A. B., the defendant, were actually dead, but it shall not be lawful for the said A. B., the defendant, to marry any other person until the said plaintiff shall be actually dead.

[Other provisions as in following Forms.] Dated, New York,

19 ?

[Signature of justice.]

FORMS NOS. 1911-1925.— STATEMENTS OF RELIEF SUITABLE TO INSERT IN JUDGMENTS IN MATRIMONIAL ACTIONS.

FORM No. 1911.

Original nullity of marriage.

That the alleged marriage between the plaintiff and the said defendant, the ceremony or supposed contracting of which took place on the

day of

19, at

was, and is, void, and that the same be and it hereby is declared annulled, and that said defendant was not at the time of the commencement of this action, the [wife] of the said plaintiff [state ground unless already recited or adjudged].

FORM No. 1912.

Nullity from date of judgment.

That the marriage mentioned in the complaint herein, entered into between the plaintiff and the defendant [naming them respectively], is wholly null and void from the date of this judgment, upon the ground of [here designate the cause of annulment as in the statute].

[Where the ground was a previous marriage, but the rights of children are saved under the statute,62 add:] And it appearing to the court that the marriage hereby annulled was contracted on the part of in good faith, and with the full belief that the former husband of said wife [or, wife of said husband] was dead [or, and without any knowledge on the part of said of said former marriage], it is further ADJUDGED and declared so to have been, and that the issue of said marriage hereby annulled, heretofore born or begotten, to wit, C. B. and D. B. are for all purposes legitimate, and shall be entitled to succeed in the same manner as legitimate children to the real and personal estate of said [designate the parent who at the time of

62 The judgment is not conclusive except as against the parties, and those claiming under them, unless both parties were living at the date

63

of pronouncing judgment. N. Y. Code Civ. Pro., § 1754.

63 For another Form see 1914.

the marriage was competent to contract]; and that said [name] is entitled to the custody of said children and to appoint a testamentary guardian for them.

[Where the ground of dissolution was that one or both of the parties were under age of legal consent; or on the ground of lunacy or idiocy; and there are children, substitute for the foregoing paragraph:]

And it is further ADJUDGED, that C. B. and D. B., children of said marriage, are entitled to succeed to the real and personal estate of their parents [or, in case of idiocy or lunacy of - designating parent who was of sound mind.]

[For direction as to the custody of child, see Form 1916, [below].

FORM No. 1913.

Dissolution of marriage for adultery.

That the marriage between the said plaintiff, A. B., and the defendant, Z. B., be, and the same is hereby dissolved.

or,

That it shall be lawful for the said A. B., the plaintiff [to resume her maiden former name of A. M., and] to marry again, in the same manner as if the said Z. B., the defendant, was actually dead; but it shall not be lawful for the said Z. B., the defendant, to marry any other person until the said plaintiff shall be actually dead.

FORM No. 1914.

64

Legitimacy or illegitimacy of child.65

That C. B., the child of the defendant, Z. B., is not the issue of said marriage of the parties hereto, nor the child of said plaintiff [or, is the lawful issue of said plaintiff and defendant in said marriage].

FORM No. 1915.

Separation or limited divorce.66

That the plaintiff, A. B. (who is and has been since the day of 19 the lawful wife of the defendant, Z. B.), be and is hereby forever separated from said defendant, his bed and board, upon the ground that [concisely indicating it], provided, however, that the parties hereto may at any time hereafter by their joint petition apply to this court to have this judgment modified or discharged.

64 N. Y. Code Civ. Pro., § 1761. 65 N. Y. Code Civ. Pro.. §§ 1745, 1760. For another Form see 1912.

66 Such a judgment cannot be en

tered upon consent and without application to court. Dailey . Dailey, 9 Misc. 511, 30 N. Y. Supp. 337.

FORM No. 1916.

Custody of child.67

That the custody of C. B., the child of said marriage, is hereby awarded to said [designating innocent parent]; [but the defendand shall be informed of said child's whereabouts at all times and such child shall not be removed from

without leave of court; and said defendant shall, until the further order of the court, be permitted to call at the places of the child's residence and to see said child at all reasonable and proper hours — or may provide for specific times, as: for the space of between the hours of

and

on "

of each week.]

FORM No. 1917.

Wife's separate property as protected.

day of

19

That the clothing and wearing apparel of the plaintiff and ornaments of her person, and all goods and personal effects which have been left with the plaintiff by the defendant, and all goods, property and effects which have been acquired by the plaintiff by her own industry, since the and all goods, lands, tenements, effects and property which she may have acquired by gift, grant, devise, bequest or otherwise, or to which she may be or become entitled by the decease of any relative intestate shall be her sole and separate estate and property.

FORM No. 1918.

Permanent alimony.69

That the said defendant pay to the said plaintiff the sum of dollars per annum, from the date of this judgment, in

67 See Forms 1912 and 1011; Osterhoudt v. Osterhoudt, 48 App. Div. 74, 62 N. Y. Supp. 529, 7 Anno. Cas. 300; Atherton v. Atherton, 82 Hun, 179, 31 N. Y. Supp. 977; aff'd, 155 N. Y. 129; Perry v. Perry, 17 Misc. 28, 39 N. Y. Supp. 863; Erkenbrach v. Erkenbrach, 96 N. Y. 456; Washburn v. Catlin, 97 id. 623; Matter of Ensign, 103 N. Y. 284, 4 Cent. Rep. 376; Campbell v. Campbell, 37 Wis. 206; Hockheimer Custody of Infants, 183; Holt v. Holt, 19 Cent. L. J. 24; Crimmins v. Crimmins, 28 Hun, 200; Welch t. Welch,

70 The estate of defendant will not be charged unless express words to that effect are inserted. Lennahan v. O'Keeffe, 107 Ill. 620; abstract s. c.,

33 Wis. 534; N. Y. Code Civ. Pro., §§ 1745-1751, 1759, 1766, 1769, 1771.

68 See Delafield v. Brady, 108 N. Y. 524; N. Y. Code Civ. Pro., §§ 17591762.

Unnecessary under present New York statutes, unless, perhaps, where the marriage was contracted before the Married Women's Act.

69 A fresh provision is necessary in the judgment. Gardner v. Gardner, 87 N. Y. 14; Erkenbrach v. Erkenbrach, 96 id. 456.

This will sustain an action in an

12 Am. L. Rec. 560. It cannot be sc charged in New York. Wilson r. Hin man, 182 N. Y. 408.

equal semi-annual payments [or, in monthly payments of dollars per month], for the support and maintenance of said plaintiff during her natural life" [or, until she shall again marry may provide for payment, as thus:] said sums to be paid on the day of [each month], at the

to the credit of the plaintiff [or, at

hands or upon the order of said plaintiff, or her attorney of record in this action], such payment not to be in lieu of her right of dower73 in the defendant's real estate. [Security, see Form

FORM No. 1919.

Support of child.74

That said [designating the other parent] do pay the said [innocent parent] the annual sum of dollars, in equal [semimonthly] payments for the education and maintenance of said C. B. so long as he shall live, and until he attains the age of twentyone years [may direct payment as in 1763].75