To proceed with an uncontested divorce in New York State, you need to file a Summons and Complaint, which tells the court the grounds for the divorce and the spouses’ agreement to end the marriage. Your spouse can't file an Answer to the Complaint or your divorce will become contested. You and your ex must then file an Affidavit of Service, which contains the details of the agreement and that both spouses have been served with the Summons and Complaint. The court will then review the Agreement and grant the uncontested divorce if it finds that all legally required elements have been met.
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Here is a list of the most common divorce forms in New York State:
- Summons and Complaint for Divorce
- Verified Statement of Net Worth
- Affidavit of Service
- Affidavit of Defendant
- Stipulation of Settlement (you would create this with an attorney or mediator)
- Judgment of Divorce
Here are some additional forms you may need to provide, depending on your situation:
- Fee Waiver Request (Affidavit in Support of Application to Proceed as Poor Person)
- Poor Person Order
- Sworn Statement of Removal of Barriers to Remarriage
- Affirmation (Affidavit) of Regularity
- Annual Income Worksheet
- Maintenance Guidelines Worksheet for divorces commenced on or after 1/25/16
- Child Support Worksheet
- Support Collection Unit Information Sheet
- Qualified Medical Child Support Order
- Part 130 Certification
- Request for Judicial Intervention and Addendum
- Notice of Entry
- Affidavit of Service of Judgment of Divorce
- Certificate of Dissolution of Marriage
- Divorce and Child Support Summary Form
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