NEW YORK DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a New York uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required.

• Summons (UD-1): This gives the defendant 20 days to respond to the Complaint after the service, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to the defendant within the State of New York). The failure to appear, results in a default judgment against the defendant.
• Verified Complaint (UD-2): This complaint for divorce sets forth the grounds for the action, including "[t]hat the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months or the living". This is the document that actually motions the court for the divorce as well as outlines the numerous facts along with requests to the court regarding the divorce case.

Sample Verified Complaint for Divorce for New York (first 2 pages only)

• Certification (Plaintiff): This form, filed by the plaintiff, certifies that all the divorce paperwork has been filed with the court.
• Marital Settlement Agreement: This agreement, signed and notarized, spells out the terms and conditions of the divorce, including the agreement to live separately and divide real estate, personal property, automobiles, bank accounts and insurance as well as debts.

Sample Marital Settlement Agreement for New York (first 2 pages only)

• Schedule for Visitation of Minor Children: The schedule establishes visitation for the noncustodial parent.
• Sworn Statement of Removal of Barriers to Remarriage (UD-4): This is sworn statement by the plaintiff that he or she has taken all steps to remove any barriers to remarriage.
• Affirmation of Regularity (UD-5): This form requests that the case be put on the court calendar.
• Affidavit for Defendant in Divorce Action (UD-7): The defendant responds with this notarized form when he or she consents to the divorce and waives service of process.
• Certification (Defendant): This form, filed by the defendant, certified that all the divorce paperwork has been filed with the court.
• Child Support Worksheet (UD-8): This worksheet is used to calculate the appropriate amount of child support. Both parents list all sources of income and appropriate adjustments are made. The state has specific guidelines to follow to complete the worksheet and this is the amount the court will use unless that parties can agree on another amount that is justifiable.
• Child Support Chart: The Child Support Standards Chart shows an approximate annual child support obligation, which ranges from 17 percent for one child to 26 percent for two children to 35 percent for five or more children.
• Qualified Medical Support Order (UD-8b): This order is required when one spouse's employer paid medical and dental insurance must cover unemancipated children.
• Declaration Under the Uniform Child Custody Jurisdiction Act (UCCJEA): This declaration certifies that the parties comply with the UCCJEA and establishes the place of residence of minor children involved in the action.
• Note of Issue (UD-9): In an uncontested divorce, the note establishes the nature of the action. There is a $25 filing fee for the note of issue.
• Notice of Settlement: This form must be served on the other party if the plaintiff is seeking any order signed by a judge - a judgment or Qualified Medical Order.
• Findings of Fact/Conclusions of Law (UD-10): This form is a referee's review of the essential facts established by the evidence in support of the Complaint for Divorce.
• Judgment of Divorce (UD-11): This document makes divorce "final and official" with the orders pertaining to the property and debt, custody, support, visitation and spousal support.

Sample Judgment for Divorce for New York (first 2 pages only)

• Request for Judicial Intervention (UD13): This is a step in moving the case through the court. The filing carries a $75 fee. (The form is not required in New York City.
• Notice of Entry (UD-14): This notice is attached to "a true copy of judgment of divorce" entered in the office of the Clerk of the Supreme Court. The plaintiff sends the notice to the defendant.
• Child Support Summary Form: This is a statistical report detailing the child support payments and insurance paid by each parent. This is typically filed by the plaintiff.
• New York State Case Registry Form:This form is used for child support orders and combined child and spousal support orders payable to other than a child support collection unit.