New York Uncontested Divorce Petition + Judgment Filing Packet

NEW YORK UNCONTESTED DIVORCE — SUPREME COURT FILING PACKET

PART 1 — PRE-FILING RESIDENCY & GROUNDS CHECKLIST

Residency (DRL § 230) — one route must apply:

☐ Either spouse has lived in New York continuously for at least 2 years immediately preceding filing; OR
☐ Both spouses are New York residents at the time of filing and the cause of action arose in New York; OR
☐ Either spouse has lived in New York continuously for at least 1 year immediately preceding filing and: ☐ the marriage was performed in New York, ☐ the parties resided in New York as spouses, or ☐ the cause of action arose in New York.

Grounds (DRL § 170):

☐ § 170(7) — Irretrievable breakdown of marriage for a period of at least 6 months (no-fault; most common for uncontested) — judgment cannot be granted on this ground until ancillary issues (equitable distribution, maintenance, child support, custody, attorney fees) are resolved by agreement or order
☐ § 170(1) Cruel and inhuman treatment
☐ § 170(2) Abandonment for one or more years
☐ § 170(3) Imprisonment for three or more consecutive years
☐ § 170(4) Adultery
☐ § 170(5) Living apart pursuant to judicial separation decree for six months or more
☐ § 170(6) Living apart pursuant to written separation agreement for six months or more

Other prerequisites:

☐ Confirm both parties have agreed in writing on all ancillary issues (or stipulated to defaults).
☐ If a religious marriage, plan for Sworn Statement of Removal of Barriers to Remarriage (Form UD-4 / DRL § 253).
☐ Filing fees total approximately $340 total (Index # $210 + Note of Issue/RJI $30/$95 + Cert of Dissolution $5 + certified copy).

PART 2 — SUPREME COURT CAPTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [____________________]
Index No.: [________________________________]
Date Index No. Purchased: [__/__/____]

PART 3 — SUMMONS WITH NOTICE / SUMMONS & VERIFIED COMPLAINT (Form UD-1 / UD-2)

SUMMONS

To the above-named Defendant:

YOU ARE HEREBY SUMMONED to serve a Notice of Appearance on Plaintiff's attorney (or Plaintiff if pro se) within 20 days after service of this Summons (or 30 days if served outside New York State or by other-than-personal delivery). The nature of this matrimonial action is a divorce.

The relief sought is a Judgment of Divorce dissolving the marriage between the Parties under DRL § 170(7) (irretrievable breakdown), including:
☐ Equitable distribution of marital property pursuant to DRL § 236(B);
☐ ☐ Maintenance ☐ no maintenance;
☐ Child custody, visitation, and support per DRL § 240 and the CSSA;
☐ Restoration of Plaintiff's prior surname: [________________________________];
☐ Attorney fees and costs;
☐ Such other and further relief as the Court deems just and proper.

The basis of venue is [______________________________________________].

Dated: [__/__/____]

[________________________________]
Plaintiff / Attorney for Plaintiff
Address: [________________________________]
Telephone: [________________________________]

PART 4 — VERIFIED COMPLAINT (Form UD-2)

Plaintiff, by [self / attorney], complains of Defendant and respectfully alleges:

FIRST: Residency as required by DRL § 230 has been satisfied. Specifically: [____________________________________________________________].

SECOND: The Parties were lawfully married on [__/__/____] at [____________________________________________________________]. The marriage was a ☐ civil ceremony ☐ religious ceremony.

THIRD: There ☐ are ☐ are no unemancipated children of the marriage. If any:

FOURTH: ☐ No other matrimonial action between the Parties is pending. ☐ The following action is pending: [_______________].

FIFTH: The grounds for divorce are: DRL § 170(7) — the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six (6) months, specifically since on or about [__/__/____].

SIXTH: All economic issues of equitable distribution of marital property, payment or waiver of spousal maintenance, payment of child support, payment of counsel and expert fees, and custody and visitation have been resolved by ☐ written Settlement Agreement dated [__/__/____] ☐ Stipulation on the record ☐ to be addressed by the Court.

SEVENTH: ☐ To the best of Plaintiff's knowledge, Defendant ☐ is ☐ is not currently a member of the U.S. military.

WHEREFORE, Plaintiff demands judgment:
(a) Dissolving the marriage between the Parties;
(b) Incorporating but not merging the Settlement Agreement dated [__/__/____];
(c) Awarding equitable distribution as agreed;
(d) Awarding maintenance / child support as agreed;
(e) Granting custody and visitation as agreed;
(f) Restoring Plaintiff's pre-marriage surname [________________________________];
(g) Granting such other relief as just.

Dated: [__/__/____]

[________________________________]
Plaintiff (pro se) / Attorney

VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF [____________] )

[PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in this action. I have read the foregoing Complaint and know the contents thereof. The same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true.

[________________________________] Plaintiff

Sworn to before me this [____] day of [____________], 20[__].

[________________________________] Notary Public

PART 5 — SERVICE & AFFIDAVIT OF SERVICE (Form UD-3) / DEFENDANT'S AFFIDAVIT (Form UD-7)

☐ Affidavit of Service (Form UD-3) — sworn by process server, filed with clerk.
☐ Affidavit of Defendant (Form UD-7) — Defendant acknowledges service, waives 40-day waiting period, consents to entry of judgment without further notice.

A 40-day period (a matrimonial-practice convention, not a statutory rule) applies before the case is placed on the calendar; it runs after the Defendant's time to appear/default period expires, not from service of the Summons.

PART 6 — SETTLEMENT AGREEMENT (Stipulation of Settlement)

STIPULATION OF SETTLEMENT

This Agreement is made on [__/__/____] between [PLAINTIFF NAME] ("Wife/Husband/Spouse 1") and [DEFENDANT NAME] ("Husband/Wife/Spouse 2"), collectively "the Parties."

Recitals

1. The Parties were married on [__/__/____] at [____________________].
2. There ☐ are ☐ are no unemancipated children of the marriage.
3. Each Party has fully disclosed assets, liabilities, income, and expenses.
4. Each Party acknowledges the right to independent counsel and has either retained counsel or knowingly waived such right.
5. The Parties intend that this Agreement satisfy DRL § 236(B)(3).

Article I — Equitable Distribution of Marital Property

Marital property is divided as follows:

To Plaintiff:

• [____________________________________________________________]

To Defendant:

• [____________________________________________________________]

Article II — Marital Debts

[____________________________________________________________]

Article III — Real Property

☐ None.
☐ The marital residence at [____________________________________________________________] shall be ☐ awarded to [____________] ☐ sold and proceeds divided [____]%/[____]%.

Article IV — Retirement Accounts (QDRO if applicable)

☐ Each Party retains his/her own.
☐ The [_______________] account is divided by QDRO [____]%/[____]%.

Article V — Spousal Maintenance (DRL § 236(B)(5-a) / (6))

☐ Both Parties waive maintenance, having considered the statutory factors and the maintenance guideline formula.
☐ [Plaintiff/Defendant] shall pay $[__________]/month for [____] months, ending [__/__/____].

Article VI — Child Custody & Parenting (if applicable)

• Legal custody: ☐ Joint ☐ Sole to [_________]
• Physical/residential custody: ☐ Joint ☐ Primary to [_________]
• Parenting schedule: [____________________________________________________________]

Article VII — Child Support (CSSA — DRL § 240(1-b))

• Combined parental income: $[__________]
• CSSA percentage: ☐ 17% (1 child) ☐ 25% (2) ☐ 29% (3) ☐ 31% (4) ☐ at least 35% (5+)
• Non-custodial parent: ☐ Plaintiff ☐ Defendant
• Basic child support: $[__________]/month
• Add-ons: health insurance ☐ Plaintiff ☐ Defendant; unreimbursed medical [____]%/[____]%; child care [____]%/[____]%
• CSSA Recital: The Parties have been advised of the CSSA, the presumptive amount of basic child support, and the reasons for any deviation. ☐ Parties accept presumptive amount. ☐ Parties deviate for reasons set forth.

Article VIII — Health & Life Insurance

[____________________________________________________________]

Article IX — Tax Filing & Dependency

[____________________________________________________________]

Article X — Counsel Fees

☐ Each Party bears own.
☐ Other: [____________].

Article XI — Mutual Releases

Each Party releases the other from all claims arising out of the marriage, except as provided herein, including any right of election under EPTL 5-1.1-A.

Article XII — Survival / Incorporation

This Agreement shall be incorporated into but shall not be merged with any Judgment of Divorce, surviving as an independent enforceable contract.

Executed and Acknowledged:

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

[Notary acknowledgments for each Party — required for matrimonial Stipulation under DRL § 236(B)(3)]

PART 7 — REQUIRED AFFIDAVITS & STATEMENTS

PART 8 — FINDINGS OF FACT AND CONCLUSIONS OF LAW (Form UD-10)

The Court, having reviewed the pleadings, affidavits, and exhibits, finds:

1. Residency under DRL § 230 is satisfied because: [_______________].
2. The Parties were married on [__/__/____].
3. The marriage has broken down irretrievably for a period of at least 6 months (DRL § 170(7)).
4. All ancillary economic and custody issues are resolved by the Settlement Agreement dated [__/__/____], which is fair and reasonable and not unconscionable.
5. ☐ No religious barriers to remarriage exist (UD-4 filed) ☐ N/A.
6. The Court has jurisdiction over the Parties and subject matter.

Conclusions of Law: Plaintiff is entitled to a Judgment of Divorce dissolving the marriage.

PART 9 — JUDGMENT OF DIVORCE (Form UD-11)

The Court, having reviewed the papers and granted Plaintiff's application:

ORDERED, ADJUDGED AND DECREED that the marriage between Plaintiff and Defendant solemnized on [__/__/____] is hereby dissolved by reason of DRL § 170(7) — irretrievable breakdown for at least six months; and it is further

ORDERED that the Settlement Agreement dated [__/__/____] is incorporated but not merged into this Judgment and shall survive; and it is further

ORDERED that ☐ Plaintiff ☐ Defendant is restored to use of the pre-marriage surname [________________________________]; and it is further

ORDERED that the Parties shall comply with all provisions of the Settlement Agreement regarding equitable distribution, maintenance, child support, custody, and visitation; and it is further

ORDERED that either Party may apply for relief on notice.

Dated: [__/__/____]
[________________________________] J.S.C.

PART 10 — STEP-BY-STEP FILING PROCEDURE

1. Purchase Index Number at County Clerk — $210 (CPLR § 8018).
2. Prepare and file Summons with Notice (UD-1) or Summons & Verified Complaint (UD-2) — initiating papers.
3. Serve Defendant personally within 120 days (CPLR § 306-b). File Affidavit of Service (UD-3).
4. If Defendant cooperates, obtain signed and notarized Affidavit of Defendant (UD-7).
5. Negotiate and execute notarized Settlement Agreement (DRL § 236(B)(3)).
6. File Certificate of Dissolution (DOH-2168) — $5.
7. Prepare uncontested packet:
   - UD-4 Sworn Statement of Barriers (if religious ceremony)
   - UD-5 Affirmation of Regularity
   - UD-6 Affidavit of Plaintiff
   - UD-7 Affidavit of Defendant (or proof of default after 40 days)
   - UD-8(1)/(2)/(3) financial worksheets
   - UD-9 Note of Issue — $30
   - UD-10 Findings of Fact
   - UD-11 Judgment of Divorce
   - UD-12 Part 130 Certification
   - UD-13 RJI — $95
   - Settlement Agreement (notarized)
   - Self-addressed stamped envelopes for both Parties
8. Submit packet to the Matrimonial Clerk in the County of filing.
9. Court reviews on the papers (no hearing typically required for uncontested).
10. Judgment is signed and entered. Obtain certified copy from County Clerk (~$5–$20).
11. Post-judgment: record/retitle real estate; submit QDROs to plan administrators; update beneficiary designations; change name with SSA/DMV; submit Judgment for any pension/retirement division.

PART 11 — KEY STATUTES AND REFERENCES

• DRL § 170 — Grounds for divorce — https://www.nysenate.gov/legislation/laws/DOM/170
• DRL § 230 — Residency requirements
• DRL § 236(B) — Equitable Distribution & Maintenance
• DRL § 240(1-b) — Child Support Standards Act (CSSA)
• DRL § 253 — Removal of barriers to remarriage (Get statute)
• CPLR §§ 305, 306-b, 308, 3215 — Process and default rules
• 22 NYCRR § 202.16 — Uniform Rules for Matrimonial Actions
• NYS Unified Court System Uncontested Divorce Forms — https://www.nycourts.gov/divorce/forms.shtml

Filing fees (approximate): Index # $210 + Note of Issue $30 + RJI $95 + Certificate of Dissolution $5 = ~$340 base (plus certified copies, service fees).

Disclaimer: This template is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Use of the actual NYS Unified Court System Uncontested Divorce Packet (UD-series) is required for filing. New York matrimonial actions are highly form-driven and procedurally exacting; consult a licensed New York matrimonial attorney before filing.