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The New York Divorce Papers and Forms for 2021

    

Which New York Divorce Papers and Forms Do You Need?

Before we dive into the specifics of the divorce papers themselves, let’s quickly explain some things about how a New York divorce case works.

When you are seeking a New York divorce, you might have to navigate two totally separate court systems. 

The first one is the Supreme Court, which is relevant to every New York divorce, as they are responsible for issuing the actual divorce decree. The second one is Family Court, where certain substantive disputes (like child custody and support) are sometimes resolved.

In this article, we’ll be focusing on only the Supreme Court forms, because the majority of New York divorces don’t require involvement from the Family Court system, even when child custody is at issue. 

Additionally, we’re going to skip over some forms which are used very infrequently. As a result, this list will actually give you a pretty good idea of what your New York divorce might look like.

Finally, almost every divorce form comes in two flavors: the UD series or the A series. You need the former if you and your spouse have children under 21, and you need the latter if you don’t.

For more information about how the entire New York divorce process works, check out our article on how to file for divorce in New York.

Forms with Accompanying Steps to Getting A Divorce In New York

Form 1. Summons (UD-1a or A-2)

The divorce Summons begins the divorce process by notifying one spouse that the other spouse has initiated a divorce action.

The spouse who files the summons will henceforth be known as the plaintiff, and the other spouse will be the defendant.

Form 2. Verified Complaint (UD-2 or A-3)

When you or your spouse files the Summons, that person will also be responsible for filing the Verified Complaint with the county clerk’s office. 

This form lists the grounds for divorce and any relief that the filing spouse is seeking (like temporary spousal support, for instance, which can be put into effect by court order).

In choosing which grounds you are filing under, you will indicate whether this will be a fault or no-fault divorce. 

While there is technically no New York divorce law waiting period, some New York no-fault divorce grounds state that you and your spouse have been having problems for a designated period of time.

You also might indicate that this is a conversion divorce if you already have a separation decree and corresponding separation agreement. If you’re not quite sure what this means, click here: Legal Separation vs Divorce New York.

If you’re not already separated, you will either have to work out how to divide everything up amongst yourself, or the court will divide your marital property according to the doctrine of equitable distribution. 

Form 3. Summons with Notice (UD-1 or A-1)

You or your spouse might file this piece of divorce paperwork in lieu of filing the previous two forms. It is less detailed, but you might still have to provide more detailed information later on. 

Choosing this option gets the divorce process rolling faster, so it may lead to a more expedited divorce. Click here for more info on how you can speed up the process: How Long Does it Take to Get a Divorce in New York (hint: a divorce attorney isn’t always your best bet).

Form 4. Affidavit of Service (UD-3 or A-4)

Filing this form indicates that the defendant has been properly served with the initial divorce documents.

Form 5. Sworn Statement of Removal of Barriers to Remarriage (UD-4 or A-6)

If you and your spouse were married in a religious ceremony, filing this form with the county clerk indicates that your religious marriage has been dissolved (if necessary) as well as your legal one.

Form 6. Affirmation (Affidavit) of Regularity (UD-5 or A-8)

This form tells the court that the defendant received the initial divorce papers and how they responded. If you do not have an attorney, you will need to get it notarized.

If they did not respond, then this form indicates that you will be undergoing a default divorce (i.e. a divorce in NY without spouse signature).

Default divorce proceedings are always uncontested divorce because a contested divorce means that both parties are there to express disagreement. This has some serious upsides -- it’s likely that you won’t even need a divorce lawyer.

Form 7. Affidavit of Plaintiff (UD-6 or A-9)

This form discusses the circumstances leading to your divorce. Filing it is not required if you or your spouse has selected adultery as your divorce grounds.

Form 8. Affidavit of Defendant (UD-7 or A-5)

The defendant is responsible for filing this form if you are undergoing an uncontested divorce. It formally waives some rights that are only relevant to contested cases.

Form 9. Child Support Worksheet (UD-8)

This form lets the court know how much child support will be paid to the custodial parent. New York has a support formula that makes this figure proportionate to income and child custody time.

Form 10. Support Collection Unit information Sheet (UD-8a)

You are responsible for filing this form if you want child support to be collected by a third party provided by the court. Otherwise, you and your spouse are welcome to work out the logistics on your own.

Form 11. Qualified Medical Child Support Order (UD-8b)

This form will be served to the employer of whichever parent is responsible for providing the child with medical insurance. It’s just a way of making sure that the parents’ stated plan is being executed.

Form 12. Note of Issue, (UD-9), or (A-10)

This form is only required in contested cases. It says when the Summons was filed in order to keep the case smoothly on track through the court system.

Form 13. Findings of Fact/Conclusions of Law (UD-10 or A-12)

This form repeats some information you have already provided about your marriage and summarizes the court’s findings regarding spousal and child support.

Form 14. Judgment of Divorce (UD-11 or A-13)

The divorce judgment is the piece of paper that officially ends the marriage.

Form 15. Part 130 Certification (UD-12 or A-14)

In filing this form, you (or your attorney) are signing off on the fact that all of the divorce papers you previously filed were completely necessary and not merely intended to prolong the case.

Form 16. Request for Judicial Intervention (RJI, UD-13, or A-11)

If you are undergoing an uncontested divorce, you might need to file this form if at any point the court needs to issue orders without notifying your spouse.

Form 17. Notice of Entry (UD-14 or A-15)

This form verifies that your divorce judgment has been entered.

Form 18. USC 113

This form is essentially your divorce record. It contains a few essential facts about your marriage and divorce.

Form 19. Affidavit in Support of Application to Proceed as Poor Person

You will fill out this form if you’re requesting a filing fee waiver.

Form 20. Poor Person Order

This form shows that the filing fee has indeed been waived.

Form 21. Postcard Sample

This form contains the plaintiff’s name, address, and case number and is used by the court to keep that party updated concerning the status of their case.

Form 22. Certificate of Dissolution

The divorce certificate provides official certification that the judgment has been finalized.

Form 23. Income Deduction Order

This form is used to garnish one spouse’s wages in order to fulfill a support order.

Form 24. NYS Case Registry

This form must be completed if you and your spouse have chosen not to use the services of the Support Collection Unit as discussed above.

Form 25. Child Support Summary (UCS-111)

If you are using the Support Collection Unit, then you will need to complete this form as well as the Support Collection Unit information Sheet.

Form 26. USC-113

This is a one-page summary of the facts of your marriage and divorce.

How to Serve Divorce Papers in New York

After filing the summons, you’ll have 120 days to serve your spouse. You can either hire a professional process server or find anybody over age 18 who is willing to do you a favor.

You cannot, however, serve your spouse yourself.

How to Avoid Filling Out These Forms 

So, you’ve learned all about the 26 most common New York divorce forms. If they don’t sound like fun, the good news is that there is a way out!

Welcome to the brave new world of online divorce in New York!

If you choose an online divorce with It’s Over Easy, we’ll fill out all of the forms on your behalf and guarantee that the court accepts each and every one. 

The best part is that our low flat fee is only a tiny fraction of what you’ll pay for an attorney or even divorce mediation.

Online divorce for the win!

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