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New York Divorce Forms
This is a list of the most commonly filed divorce forms for the state of New York. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in New York, certain forms may or may not be required by the New York courts.
The UD-series forms are for divorces with children under 21; the A-series forms are for divorces without children under 21.
Summons with Notice, (UD-1) or (A-1), or Summons, (UD-1a) or (A-2)
The Summons informs the Defendant that the action has been filed. There are two versions of the Summons. One version is used when the Defendant is also served a Verified Complaint or the other, the Summons with Notice, when the Verified Complaint is not included. Both versions, however, give the Defendant 21 days to respond (or 31 days if the Summons is delivered outside of New York). The second version, the Summons with Notice, is more likely to be used when the spouses are in agreement, and the action is not contested.
Verified Complaint, (UD-2) or (A-3)
Verified Complaint, which must be notarized, states the ground for the divorce and the relief that is requested.
Affidavit of Service, (UD-3) or (A-4)
The Affidavit of Service, which must be notarized, is returned within 120 days of the delivery of the Summons and Verified Complaint. This Affidavit proves a process server or the sheriff served the Defendant the divorce papers.
Sworn Statement of Removal of Barriers to Remarriage, (UD-4) or (A-6)
This sworn declaration, which must be notarized, states that the Plaintiff has "taken all steps solely within my power to remove any barrier to the Defendant's remarriage." This must be completed if the couple were married in a religious ceremony. This must be filed with an Affidavit of Service signed by the Defendant.
Affirmation (Affidavit) of Regularity, (UD-5) or (A-8)
The Affirmation (Affidavit) of Regularity, which must be notarized if the Plaintiff is filing pro se, verifies for the court that the Defendant was properly notified of the action and how he or she has responded, if at all. If the Defendant has not responded, this affidavit moves the action along an uncontested track.
Affidavit of Plaintiff, (UD-6) or (A-9)
The Affidavit of Plaintiff, which must be notarized, is used in all divorce actions except those where the ground for divorce is adultery. This affidavit identifies the circumstances leading to the divorce.
Affidavit of Defendant, (UD-7) or (A-5)
Affidavit of the Defendant, which must be notarized, is used when the divorce is not contested, and the Defendant waives service of the Summons and Verified Complaint. In this form, the Defendant agrees to the divorce, and he or she waives any rights under the Servicemembers' Civil Relief Act.
Child Support Forms include the following:
> Child Support Worksheet, (UD-8), which must be submitted by the Plaintiff if there are minor children (under 21). This form shows the amount of child support paid by the noncustodial parent to the custodial parent.
> Support Collection Unit information Sheet (UD-8a), which must be submitted by the Plaintiff when he or she requests the services of the Support Collection Unit.
> Qualified Medical Child Support Order (UD-8b), which must be served on the employer of the spouse legally responsible to provide medical insurance, usually the noncustodial parent.
Note of Issue, (UD-9) or (A-10)
In contested divorces, a Note of Issue is used to record the date and filing of the Summons. In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the action and certifies that the case is ready for trial.
Findings of Fact/Conclusions of Law, (UD-10) or (A-12)
The Findings of Fact and Conclusions of Law (Referee's Report) reiterates the facts of the marriage and the conclusions of the court regarding support and maintenance.
Judgment of Divorce, (UD-11) or (A-13)
Judgment of Divorce is the court order ending the marriage.
Part 130 Certification, (UD-12) or (A-14)
This document certifies that "every document relating to the divorce action which is served, filed or submitted to the court, is not frivolous..." This certification must be attached to other court filings. This is called Certification.
Request for Judicial Intervention (RJI), (UD-13) or (A-11)
A Request for Judicial Intervention, filed in uncontested divorces, is used when the court must issue orders ex parte, which means without the other party being notified. This form is not required in New York City.
Notice of Entry, (UD-14) or (A-15)
The Notice of Entry is a record of the entry of the judgment of divorce.
The USC 113 is a state form recording the facts of the marriage and the divorce for record keeping purposes.
Affidavit in Support of Application to Proceed as Poor Person
This affidavit, which must be notarized, is used when the Plaintiff seeks court approval to proceed with his or her divorce as a poor person and thus be exempt for certain court costs and filing fees.
Poor Person Order
Used in conjunction with the Affidavit in Support of Application to Proceed as Poor Person, the Poor Person Order exempts the Plaintiff costs or fees in conjunction with the divorce.
A postcard, giving the Plaintiff's name and address and case number, is used to notify the party of the status of his or her case, including problems with any of the filings.
Certificate of Dissolution
The Certificate of Dissolution certifies that the judgment has been entered.
Income Deduction Order
This one-page form is used when the court orders a party's income garnished to pay support.
NYS Case Registry Filing form
When child support is paid to another party other than a child Support Collection Unit -- for example, when it is paid directly to the Plaintiff -- this form must be filed by the Plaintiff.
UCS-111 Child Support Summary Form
This Child Support Form must be used when child support is going to be paid to the Child Support Collection Unit, a third party that collects and distributes such payments.
The USC 113 is a one-page summary of the divorce action that records the facts of the marriage and the divorce for court record keeping purposes.
New York does not automatically give custody of children to any one parent. In deciding custody, the court only considers what is in the best interest of the child. It considers who gave primary care during the marriage, scheduled doctors' appointments, and attended school meetings. Generally, the court allows the non-custodial parent ample visitation with the child and even awards joint custody. Visitation is often only limited in circumstances where there is abuse.
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