How to Fill Out Uncontested Divorce Papers Correctly in NY
Step-by-Step Guide to Filling Out NY Uncontested Divorce Papers
Completing divorce forms correctly is crucial for avoiding delays and rejections. New York courts rely heavily on written documents in uncontested divorce cases, so accuracy, consistency, and attention to detail are essential. Even a small error—such as a missing signature, wrong date, or inconsistent financial information—can cause the clerk or the judge to return your papers for corrections. This guide walks you through each major form with clear instructions to help you complete your divorce successfully the first time.
Before You Start
Before filling out any forms, gather all the personal, financial, and marriage-related information you will need. Preparing this information in advance will help you avoid mistakes and ensure consistency across all documents.
Information You’ll Need
• Full legal names for both spouses, including maiden or former names
• Current home addresses and Social Security numbers
• Date of marriage and the exact place of marriage
• Names and birthdates of all children of the marriage
• Income details (pay stubs, tax returns, self-employment records)
• Assets such as real estate, vehicles, bank accounts, retirement accounts, investments
• Debts including loans, credit cards, mortgages, and personal liabilities
Having a “master information sheet” with all of this data helps keep your documents consistent and reduces the likelihood of conflicting answers across forms.
Summons with Notice or Summons and Verified Complaint
The Summons is the document that officially begins your divorce case. You will choose one of two filing options:
Summons with Notice
A shorter, simpler form that starts the case without requiring a full complaint. You will still need to complete a Verified Complaint later.
Summons and Verified Complaint
A more complete filing from the start. This version already includes all details about the divorce grounds, marriage history, and relief sought.
Regardless of which version you choose, the Summons must be filed and properly served on your spouse. If service is incorrect, your entire case may be delayed or rejected.
Caption Information
The caption is the top section of each form. It must match across all documents.
You must include:
• County where the case is filed
• Full legal name of Plaintiff
• Full legal name of Defendant
• Index number (added after filing)
Take extra care that each form uses the same spelling, order, and capitalization of names.
Grounds for Divorce
New York allows several grounds for divorce, but nearly all uncontested divorce cases use:
“DRL §170(7) – Irretrievable breakdown of the marriage for at least 6 months.”
This is the simplest, most straightforward ground. It does not require proving fault, and both spouses simply affirm that the marriage has broken down beyond repair.
Statement of Net Worth (UD-8)
This is one of the most detailed and time-consuming forms in your divorce packet. Courts use it to determine financial fairness, verify child support calculations, and assess whether the settlement agreement is equitable.
Sections You Must Complete
• Income from all sources
• Checking, savings, and investment accounts
• Real property values and mortgage information
• Retirement accounts and pensions
• Vehicles and personal property
• Monthly household expenses
• All outstanding debts and liabilities
Accuracy is essential. Incomplete or inconsistent financial information may cause your filing to be rejected or questioned by the judge.
Common financial documents to include:
• Recent pay stubs
• Last two years of tax returns
• Bank statements
• Mortgage statements
• Retirement account statements
Completing Additional Required Forms
Depending on your case, you may need to prepare these forms as well:
Affidavit of Defendant (UD-6)
If your spouse agrees to the divorce, they sign this form acknowledging receipt of the divorce papers. This is the fastest method for uncontested cases.
Affidavit of Plaintiff (UD-7)
Outlines your statements about the marriage, children, residency, and divorce agreement terms. Ensure dates, names, and facts match your other forms.
Settlement Agreement
This legally binding document outlines:
• Property division
• Allocation of debts
• Child custody and parenting schedules
• Child support and health insurance obligations
• Spousal maintenance, if any
Draft the agreement with clear, specific language to avoid confusion. Judges look for unambiguous details and complete explanations.
Affidavit of Service
The person who serves the divorce papers must sign and notarize this form. Service errors are one of the most common reasons papers are rejected.
Common Mistakes to Avoid
1. Inconsistent Information
Names, dates of birth, marriage dates, addresses, and financial totals must match across every form. Even one inconsistency can trigger a rejection or a request for correction. Always double-check all documents at the end.
2. Incomplete Financial Disclosure
Not listing all sources of income or forgetting assets (such as small investment accounts or work benefits) can create legal problems later. Financial transparency is required. Intentionally hiding assets can lead to penalties, reopened cases, or invalidation of your agreement.
3. Unsigned or Improperly Notarized Documents
Most uncontested divorce forms require notarization.
Important rules:
• Do not sign the form before the notary is present
• Bring valid photo ID
• Ensure the notary completes all required fields
Even a small notarization error can invalidate an entire packet.
4. Using Outdated Forms
Always download the most recent versions from the NY Courts website. Old forms may be rejected automatically.
5. Forgetting to Add the Index Number
After purchasing your index number from the clerk, write it on every form immediately. Missing index numbers are a frequent cause of delays.
Final Review Before Filing
Before submitting your completed packet, verify that:
• All forms are complete, signed, and notarized
• Financial documents are attached
• Settlement Agreement is clear and thorough
• Caption information is consistent
• Grounds for divorce are correctly selected
• Service of papers was done properly
• Your index number appears on all forms
A careful final review helps you avoid weeks of delay.
Need Help?
Our NYC divorce attorneys offer affordable document review services. We can review your forms, identify inconsistencies, correct missing information, and ensure your packet is ready for filing. Schedule a consultation today for fast, professional assistance with your uncontested divorce paperwork.