New York Divorce Forms

Free Printable NY Divorce Papers (pdf)

Summons

Summons is a legal document to inform the Defendant (non-filing spouse) about the start of the divorce process. You must complete it and file it with the Supreme Court in your county.

Remember to make two copies of the Summons before filing it—one for the Defendant and another for your records.

The New York State allows you to use one of the following forms:

• Summons With Notice. Form UD-1File this form if you haven’t completed the Complaint (UD-2) yet and want to start a divorce as soon as possible. However, after you serve this form on the Defendant, they will respond and demand a complaint. Thus, eventually, you will have to prepare UD-2.
• Summons. Form UD-1aFile this Summons version if you have a completed Complaint UD-2. Summons and Complaint are primary divorce papers in New York and must be served on the Defendant.

You must serve the Summons with the Notice of Automatic Orders, the Notice Concerning the Continuation of Health Care Coverage, and the Notice of Guideline Maintenance.

Verified Complaint. Form UD-2

It is a legal document that contains the basic information about marriage, both spouses’ details, and the Plaintiff’s requests concerning divorce terms. A few essential parts are dedicated to residency, divorce grounds, health coverage plans, and property division.

Type all answers and check the appropriate boxes using black ink. Remember to notarize this form and make two copies before filing and serving it on your spouse.

Notice Of Automatic Orders

The Notice contains a set of rules that Plaintiff and Defendant must follow throughout the divorce process. These orders are created to prevent either spouse from a possibly harmful action regarding property or children that could also affect the divorce outcome.

The Notice of Automatic Orders prohibits the spouses from transferring or disposing of marital and separate property, incurring additional debt, changing insurance policies, changing or terminating health insurance, and relocating children.

You must add this Notice to the Summons and Verified Complaint when serving the Defendant with divorce papers.

Notice of Guideline Maintenance

Serve this document with the Summons and the Notice of Automatic Orders on the Defendant. You won’t have to fill it out since it is a set of instructions concerning maintenance. It’s financial support paid by a higher-earning spouse to the spouse with a lower income after divorce. However, using this paper doesn’t mean either party will pay alimony, especially if they agreed otherwise in their settlement agreement.

Child Support Standards Chart

Use this document if you have minor children. It is a set of guidelines to determine how much child support a non-custodial parent must pay the primary custodial parent. In particular, the chart has a formula for calculating child support payments. This paper should be served on the Defendant with the Summons and other initial documents.

Notice Concerning Continuation of Health Care Coverage

This form tells both parties that they may or may not be eligible to continue receiving the coverage if it was a part of their spouse’s health care plan. You should serve this form on the Defendant with other divorce papers, such as the Summons and a Complaint.

Affidavit of Service. Form UD-3

All initially filed New York divorce forms must be served on the non-filing party (Defendant). For this reason, Plaintiff usually uses the Affidavit of Service form. It is a legal document to prove that Defendant received the Summons, Divorce Complaint, and other divorce papers.

Give this form to the process server and ask them to fill it out after giving your spouse all the necessary papers. The server must sign it before the notary public. Don’t file this form if Defendant signed the Affidavit of Defendant UD-7.

Sworn Statement of Removal of Barriers to Remarriage. Form UD-4

If Defendant agrees to the divorce and the parties were married in a religious ceremony, Defendant may sign this paper and give it to Plaintiff for further filing. Essentially, this Statement confirms that there are no legal barriers to prevent the Defendant from remarrying after divorce.

Plaintiff, Defendant, and the process server must sign and notarize the Statement. Don’t use this form if Defendant signed UD-7 (Affidavit of Defendant).

Affirmation (Affidavit) of Regularity. Form UD-5

Fill out and file this document with the court to confirm that all divorce papers were served on the other spouse. In addition, this affidavit provides the court with information about the service and whether Defendant responded or is in default. Sign and notarize this form before filing it with the court.

Affidavit of Plaintiff. Form UD-6

This legal form gives the court more extensive information about the divorce case and the parties. Some fields repeat those from a Complaint (UD-2). Fill out all the fields and check the appropriate boxes. Then, sign and notarize this affidavit and file it with the Supreme Court, where you filed other papers.

Affidavit of Defendant. Form UD-7

This form is used when Defendant agrees not to respond to divorce and waive all statutory waiting periods. The Defendant must also fill out this document with the required information, such as divorce grounds, child custody, and service requests. Then, they sign it and give it to the Plaintiff, who will file it with the court.

Annual Income Worksheet. Form UD-8(1)

Use this form if you seek maintenance (alimony) or child support. It has a worksheet to help you calculate your annual income and provide this information to the court. Remember to check the box pointing out if you’re Plaintiff or Defendant. Then, sign and notarize it. Plaintiff and Defendant can each use this document, especially if neither knows the other party’s income.

Maintenance Guidelines Worksheet. Form UD-8(2)

New York divorce forms include the maintenance calculation form for parties requesting spousal support (alimony). If you use online calculators instead of the worksheet, copy the obtained numbers onto the Appendix A page.

Sign and notarize the form before preparing the Summons to give it together with other papers to Defendant.

Note that the sum you obtain via this process may not coincide with the alimony to be later awarded by the judge.

Child Support Worksheet. Form UD-8(3)

Use this form to calculate child support and present your calculation to the court. Complete it before preparing the Summons and send it with other initial papers to Defendant.

You can use a Child Support Calculator or do the math by yourself using the available Appendices at the back of the document. It will also require the net annual income obtained earlier in the Annual Income Worksheet.

Support Collection Unit Information Sheet. Form UD-8a

This form is necessary if there is a child support and maintenance request. Either Plaintiff or Defendant can complete it. Then, it should be submitted to the court with other New York divorce forms. This document contains the fields with the final maintenance and child support amounts.

The person requesting the support will take this completed and signed form and a copy of the final judgment to the local Support Collection Unit (SCU). They have 20 days to do it after the divorce is final.

Qualified Medical Child Support Order. Form UD-8b

It is a legal document issued in a divorce to ensure that all unemancipated children receive health insurance coverage. Similar to wage garnishment, it instructs the employer of the parent responsible for the payments to withhold the appropriate sums and pay them to the health insurance.

The parties must provide the employer’s name and address, the health insurance plan’s name, address, ID, etc. Some sections, like the judge’s name and the date, will be filled in by the court. In addition, the Plaintiff must serve a certified copy of this signed order on the employer of the person responsible for the insurance.

Note of Issue. Form UD-9

Use this form to place your divorce on the calendar and have a judge review it during a hearing. It includes basic information about the divorce case, such as the Defendant’s and Plaintiff’s names, the dates of filing and serving the Summons, and the case type.

Plaintiff files this document with three copies after all other New York divorce forms have been completed and filed with the court.

Findings of Fact/Conclusions of Law. Form UD-10

The purpose of this form is to summarize the facts and evidence provided by the parties. It also explains the legal decisions the judge made during the divorce. In addition, the document has sections about residency requirements, divorce grounds, child support, alimony, etc.

It has around thirteen pages and should be completed with attention. The Plaintiff fills out most fields in the form, and the judge signs and dates it.

Judgment of Divorce. Form UD-11

This form will dissolve your marriage when signed by the judge. Complete it with the proposed divorce terms, such as child custody and visitation, property division, etc. Leave a few sections blank at the beginning and end, such as the courthouse, county, and the judge’s name and signature.

Remember to file it with the clerk unless the court does it on your behalf. You may receive a certified copy in a few days afterward.

Part 130 Certification. Form UD-12

Sign and file this form to certify that all the papers you’ve filed and served on Defendant are true copies. This certification requirement imposes the financial penalty for “frivolous conduct.” The form is used in all divorce cases, whether you have an attorney or not.

Request for Judicial Intervention (RJI). Form UD-13

The final divorce papers in New York include the Request for Judicial Intervention. Fill out and file this form to assign a judge to your divorce case for review and disposition. It requires information about Plaintiff and Defendant and related court cases.

Also, check the “Un-Rep” boxes on the left from each party’s data if they don’t have an attorney.

Addendum for the RJI. Form UCS-840M

Use this form with the Request for Judicial Intervention if you have children under 18. It has fields requesting information about all parties’ names, addresses, and birth dates, including minor children.

Notice of Entry. Form UD-14

Fill out this form after the judge has signed the Judgment of Divorce (UD-11). In addition, you must serve this Notice of Entry with the certified copy of the Judgment of Divorce on the Defendant. Fill out the required information and use a process server to complete this step.

Affidavit of Service of Judgment of Divorce. Form UD-15

This form confirms that Defendant received the proper Judgment of Divorce copy. Ask the person who delivers the final form UD-11 and UD-14 to your spouse to sign this Affidavit before a notary public. After that, keep this form with other important papers if you must show it as proof of service.

Affidavit in Support of Application to Proceed as Poor Person

Use this legal document to ask the judge to waive the court fees, such as the filing and service fees. You will have to provide detailed information about your income and property so that the judge may decide whether you qualify for a waiver of fees.

Sign and notarize this Affidavit and file it with the initial papers when you start your divorce case. Attach any proof of your income, such as your wage and tax statements.

Poor Person Order

Complete this form if you plan to request a fee waiver. Fill your name, divorce grounds, and other required information. Then, file this form with the Affidavit in Support of Application to Proceed as Poor Person. If the judge approves your request, they will sign this order.

Affidavit of Service of Proposed Poor Person’s Order

New York divorce forms requesting a fee waiver include an Affidavit of Service. You must use this Affidavit as proof of service of the Poor Person Order and Affidavit in Support of Application to Proceed as Poor Person.

This form is filled out by the private process server or any other person who delivers the documents mentioned above to the Defendant, the County Attorney, or Corporation Counsel.

Certificate of Dissolution

Completing this form is required by the New York State Department of Health for all divorce cases. Complete and submit it with the other papers to the County Clerk’s Office. The document contains the names of both parties, the marriage date and location, the divorce date, and the court that granted the divorce.

Ask the clerk if you must complete the “Confidential Information” section since the rules may vary from county to county.

Notice of Settlement

Complete this form and provide the Defendant with a copy of the orders to be settled during the upcoming hearing if requested by the Defendant or required by the court. You must fill out each party’s name, address, and telephone number. Also, insert the court name and date of the orders to be presented to the judge. These orders may include Proposed Judgment of Divorce, Qualified Medical Child Support Order, etc.

IWO Child Support or Combined Child and Spousal Support LDSS-5037

Use this form if you ask for the child and spousal support in your divorce. It will instruct the paying party’s employer to deduct the appropriate sum from the obligor’s income. Then, they must send it to the child support services, who will transfer the money to the custodial parent.

You should complete it with the required information on the type of case, support amount, and each party’s details. After that, you must serve it on the paying spouse, their employer, and the Child Support Processing Center (SDU).

IWO Spousal Support Only Income Withholding Order (LDSS-5038)

Use this document if you or your spouse is to receive spousal support and no child support is to be provided by any local Support Collection Unit. This order will tell the employer of the paying party to withhold a specific sum of money from their monthly income. Unlike the combined spousal and child support order, this document will ask the employer to give the obtained money directly to the party receiving support.

NYS Case Registry Filing Form for use with Non-IV-D orders (except spousal-only orders)

Complete this form if there is Child Support or Combined Child and Spousal Support order in your divorce case. You must submit it to the Support Collection Unit (SCU) to track payments and enforce state child support orders. The legal form requires providing parties’ names and contact information, the child support amount, and the payment manner.

UCS-111 Child Support Summary Form

Use this form when there is child support awarded in your divorce. You must fill out all blanks and submit this document to the Supreme Court Clerk’s Office. The Child Support Summary form only collects statistical information about child support. Therefore, it won’t stay in the permanent case file with other New York divorce forms and will be confidential.

DRL 255 Addendum

The court requires you to file this form before the judge can sign the final judgment of divorce. Essentially, Plaintiff and Defendant sign this document to acknowledge that they may lose health insurance provided by their spouse after divorce. The form requires the signatures of both parties before the notary public.

LDSS 5143 Application for Child Support Services

Use this form if you have minor children and want to request child support services. You must fill in the blanks in the application with each party’s (including children) personal information, child support obligation amount, health care coverage information, etc. In addition, submit copies of all supporting documents, e.g., paystubs, W-2s, and federal tax returns, to the local Child Support Program office. You can also use a short version of this form.