What are the essential divorce forms needed to file for divorce in New York State?

To begin the divorce process, you must file either a New York State Divorce Forms  (Form UD-1) or a Summons and Verified Complaint (Form UD-2).

Summons with Notice (UD-1): This form informs your spouse that you are seeking a divorce and specifies the relief you are requesting, such as property division, child custody, or spousal support.

Summons and Verified Complaint (UD-2): This more detailed document includes the grounds for divorce, such as irretrievable breakdown of the marriage, adultery, or abandonment, and provides a full description of the relief sought.

You need to choose between UD-1 and UD-2 depending on the complexity of your case and whether you want to include detailed allegations or keep the initial filing straightforward.

Affidavit of Service (Form UD-3)

Once you file the Summons with Notice or the Summons and Verified Complaint, you must serve these papers on your spouse. Form UD-3 (Affidavit of Service) verifies that the divorce papers were properly delivered to your spouse by a third party over the age of 18 who is not involved in the case. This form is crucial as it proves to the court that your spouse has been notified of the divorce action.

This form is used when the parties were married in a religious ceremony and one spouse needs to affirm that they have taken all necessary steps to remove religious barriers to remarriage, such as obtaining a Get (Jewish divorce decree).

Affidavit of Plaintiff (Form UD-6)

The Affidavit of Plaintiff details the facts of the marriage and the grounds for divorce. It includes personal information, marriage details, and confirmation that the residency requirements are met, ensuring that the New York court has jurisdiction over the case.

Child Support Worksheet (Form UD-8)

If the couple has children under 21, they must complete the Child Support Worksheet (Form UD-8) to calculate child support obligations according to New York State guidelines. The worksheet considers both parents' incomes and adjusts for expenses such as healthcare and childcare.

Note of Issue (Form UD-9)

This form is used to place the case on the court’s calendar. It confirms that all necessary paperwork has been filed and requests the court to schedule the divorce for review or trial if needed.

Judgment of Divorce (Form UD-11)

This is the final document required to complete the divorce. Once signed by the judge, it officially ends the marriage. The Judgment of Divorce outlines the terms of the divorce, including property distribution, child custody, and spousal support.

Filing for divorce in New York State requires careful attention to detail and proper completion of several essential forms. Depending on your circumstances, additional documents might be needed, such as the Settlement Agreement for uncontested divorces or Financial Disclosure Affidavits for cases involving property division or spousal support. To avoid delays or complications, consider consulting a qualified divorce attorney who can guide you through the process and ensure all forms are properly filed.

By understanding and preparing the required divorce forms, you can navigate the New York State divorce process more efficiently and achieve a smoother resolution.