DIY Divorce Instructions: How to File & Serve


Step 2 Instructions: File & serve your forms

Print and notarize

You’ll need to print the 1) Summons, and 2) Verified Complaint forms, then 3) sign them before a notary.

Scan

Scan the notarized forms.

Label PDFs

Prior to uploading your forms to the court’s e-file site, please make sure all forms are saved as PDFs and labeled correctly:

  • Affidavit of Service
  • Blank Affidavit of Service
  • Summons with Notice (UD-1)
  • Notice Concerning Continuation of Healthcare Coverage
  • Notice of Electronic Filing
  • Notice of Guideline Maintenance
  • Acknowledgement of Service or Affidavit of Personal Service
  • Summons (UD-1a)
  • Verified Complaint

If Applicable:

  • Child Support Standards Chart (CSSA)
  • Affidavit in Support of Application to Proceed as a Poor Person
  • Poor Person Order + Poor Person Order

E-file

Next, you’ll upload these forms to the court’s e-file site hereThe filing fee is $210 (+ credit card fee). This fee is to purchase your “index number.”

Index number

Then wait for the court send you your index number. (If you’d like to proceed with the next questionnaire, just use a filler number like “12345” for the index number question, then edit it when you receive your actual number).

Serve your spouse

There are two ways to service your spouse:

  1. Acknowledgment of Service – If you and your spouse are agreeable to it, this is the easier method. 1) Deliver all the filed forms in person, by email or by mail, 2) Your spouse will sign and notarize the Acknowledgment of Service, 3) Your spouse can return the Acknowledgment to you or e-file it on their own (more commonly, the Plaintiff e-files it).
  2. Personal Service – With this method, a third party will serve your spouse. The person serving 1) Must know what your spouse looks like or be given a photo of your spouse, 2) Be over the age of 18, 3 ) deliver all the filed forms in person to your spouse.

The person serving the forms must sign an Affidavit of Service and have it notarized. They will then return the Affidavit to you so that you can e-file it.

Just FYI

Your spouse has 20-30 days (depending upon how your spouse was served) to file an Answer challenging what you stated. If they do so, your case will become a contested one.

Whichever service method you did, you can upload the appropriate form with your next (and final) filing.

Step 3 Instructions: Notarize & e-file

Print and notarize

Forms that will need to be printed, signed, and notarized:

  • Plaintiff (you): Affidavit of Plaintiff
  • Defendant (your spouse): Affidavit of Defendant
  • You and your spouse: Final Agreement,  Removal of Religious Barriers (if applicable)
    • Please have notarized before you send to your spouse – both signatures must be on the same form.

Send to spouse

After signing and notarizing, you will then mail or email all of the forms to your spouse.

Spouse sends forms back

After signing and notarizing the Affidavit of Defendant, Final Agreement, and Removal of Religious Barriers (if applicable), your spouse will email or mail them back to you

Scan and label

Scan the signed forms, then make sure all Step 3 forms are saved as PDFs and labeled correctly:

Final Decree

  • Affidavit of Defendant (UD-7)
  • Affidavit of Plaintiff (UD-6)
  • Part 130 Certification (UD-12)
  • Note of Issue (UD-9)
  • Removal of Health Insurance (DRL 255) 
  • Certificate of Dissolution of Marriage
  • Affidavit of Service by Mail of JOD (UD-15)
  • Notice of Entry  (UD-14)
  • Request for Judicial Intervention (UD-13)
  • Judgment of Divorce (UD-11)
  • Findings of Fact and Conclusion of Law (UD-10)
  • Notice of Settlement
  • Affidavit of Service Notice of Settlement
  • Affirmation Affidavit of Regularity (UD-5)
  • Affidavit of Service for Request for Judicial Intervention
  • Affidavit of Service by Mail or Note of Issue
  • Notice of Entry of signed Judgment of Divorce(UD-14)
  • Blank Affidavit of Service for RJI
  • If applicable
    • Addendum for RJI
    • Parenting Plan
    • Sworn Statement of Removal of Barriers (UD-4)

Additional Orders

  • NYS Case Registry Filing Form for use with Non IV D Orders
  • Child Support Summary Form (UCS-111)
  • Short Form Application for Child Support Services in Supreme Court
  • IWO Child Support or Combined Child and Spousal Support (LDSS-5037)
  • IWO Spousal Support Only Income Withholding Order (LDSS-5038)

Child Support (if applicable)

  • Support Collection Unit Information Sheet (UD-8-a)
  • Qualified Medical Child Support Order (UD-8-b)
  • Child Support Worksheet (UD-8-3)
  • Annual Income Worksheet (UD-8-1)
  • Maintenance Guidelines Worksheet (UD-8-2)

Have a Stipulation of Settlement?

If you created a Stipulation of Settlement with an attorney or mediator, you will also need to upload this.

Upload and e-file

Upload all the documents to the e-file siteThere will be a final filing fee of $125 (+ $8 processing fee).

If you haven’t already, also upload the signed form regarding how your spouse was served, either the Affidavit of Personal Service (notarized) or Acknowledgement of Service.

And finally...

You did it! As you wait for the court to finalize your divorce, you may want to check out our new beginnings checklist.

Schedule your free 15-minute intro callCLICK HERE
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