Filing for divorce in New York requires submitting specific legal forms to the court. The forms you need depend on whether your divorce is contested or uncontested. Below is a breakdown of the essential documents required to initiate and complete a New York State Divorce Forms
Basic Forms for Divorce in New York
Summons with Notice (Form UD-1) or Summons and Verified Complaint (Form UD-1a & UD-2)
The Summons with Notice informs your spouse that you are filing for divorce and outlines the reasons for the divorce (grounds) and any relief you seek (such as child custody or spousal support).
The Summons and Verified Complaint provides a more detailed explanation of your case, including the legal grounds for divorce.
Affidavit of Service (Form UD-3)
This form confirms that your spouse has been properly served with the divorce papers by an approved method, such as personal delivery by a third party.
If you were married in a religious ceremony, this form ensures that neither party will obstruct the other’s ability to remarry within their faith.
Affidavit of Plaintiff (Form UD-6)
This document states the reasons for the divorce and confirms that all legal requirements have been met.
Affidavit of Defendant (Form UD-7)
If your spouse agrees to the divorce, they must sign this form to acknowledge the terms.
Child Support Worksheet (Form UD-8)
This form calculates child support obligations based on the New York Child Support Standards Act.
Note of Issue (Form UD-9)
This document notifies the court that all necessary paperwork has been filed and the case is ready to proceed.
Findings of Fact and Conclusions of Law (Form UD-10)
A detailed summary of the court’s decision regarding your divorce, including financial arrangements and child custody if applicable.
Judgment of Divorce (Form UD-11)
The final document that legally ends the marriage once signed by a judge.
Certificate of Dissolution of Marriage (Form UD-15)
Required for official state records, confirming the marriage is legally terminated.
Additional Forms for Contested Divorces
If the divorce is contested, meaning that spouses disagree on major issues such as child custody, spousal support, or asset division, additional forms may be required, including:
Statement of Net Worth (detailing income, expenses, assets, and liabilities)
Request for Judicial Intervention (RJI) if court intervention is needed
Settlement Agreement if an out-of-court resolution is reached
Where to Get These Forms?
All divorce forms are available for free on the New York State Unified Court System website or at the County Clerk’s office. Filing fees typically range from $210 to $335, but fee waivers may be available for eligible individuals.
By ensuring you have the correct forms and understanding the process, you can navigate the New York divorce system more efficiently. If your case is complex, consulting an attorney is advisable.