Uncontested Divorce in New York
People generally believe that an uncontested divorce is very simple as compared to a contested process. Obviously, this belief is true. However, there is a tedious process of filling forms which every divorcing couple has to undergo.
Grounds of Uncontested Divorce in New York
DRL is an abbreviation of Domestic Relations Law.
- DRL 170.6: Conversion of a separation agreement after residing apart and separate for a period exceeding one year.
- DRL 170.5: Conversion of a separation agreement.
- DRL 170.4: Adultery.
- DRL 170.3: Imprisonment after marriage for a period exceeding 3 years.
- DRL 170.2: Abandonment for an unbroken period of 1 year.
- DRL 170.1: Inhuman and cruel treatment.
Forms related to Uncontested Divorce in New York
- Verified Complaint: This consists of information as to why the divorce is being pursued and the requested relief.
- The Affidavit of Service: This document must be filed within 120 days after the Summons has been delivered. The Affidavit serves as a proof that the Summons was served by the Sheriff or a process server.
- Summons: This document is used to intimate the Defendant that an action has been filed. There are two versions of this form.
- A copy of the Summons is served with the Verified Complaint.
- The Summons is served with Notice without the Verified Complaint.
The Defendant is provided 21 days (31 days if the Summons is served outside New York state) to respond, using both these versions. If the spouses are in agreement, then the first version is more likely to be used.
- Request for an Index Number: This form is filled in when the action is filed. In several jurisdictions, it is called as the Docket number.
- Certification: This document authenticates that the action is not lighthearted. It is a one-page form. One copy of this document is appended with each form that is used in the action.
- Affidavit of the Defendant: The Defendant can agree to the divorce action using this form. Simultaneously, the Defendant can waive any rights as per the Service members Civil Relief Act.
- Affidavit of Plaintiff: This document is used to profile the condition that has led to the divorce. It is used as a substitute to oral testimony in all divorce action, with the exception of those where adultery is the ground of divorce.
- Statement of Net Worth: This is a complete declaration of the finances of the Plaintiff. The data in this form is useful to decide maintenance and property division.
- The Affidavit (Affirmation) of Regularity: The court uses this form for the verification of 2 issues.
- Whether the Defendant was correctly notified of the action?
- If the Defendant has responded, then, the nature of response.
- Sworn Statement of Removal of Barriers to remarriage: In instances, when the couple was married in a religious ceremony, this form is essential.
- Notice of Settlement: When the Plaintiff asks for a qualified medical order or judgment or any order signed by the court, then, the other party or the Judge may request use of this Notice.
- Affidavit Pursuant to Domestic Relations Law 75-J: If the marriage of the divorcing couple has resulted in children and the court has never issued any orders directing custody, then, this affidavit is used.
- Request for Judicial Intervention: This form is not needed in New York City. It is used when the court is supposed to issue orders ex parte.
Some other forms are as follows.
- Note of Issue.
- Child Support Forms.
- Notice of Entry.
- Certificate of Dissolution.
- USC113.
- Judgment of Divorce.
- Findings of Fact and Conclusions of Law.
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