Affidavit Requirements for Uncontested Divorce in New York

Affidavits play a crucial role in uncontested divorce cases in New York. Because the court relies heavily on sworn written statements rather than courtroom testimony, every affidavit you submit must be complete, accurate, and properly notarized. Missing or incorrect affidavits are among the most common reasons uncontested divorce filings are rejected or delayed. Understanding which affidavits are required — and how to prepare them correctly — ensures a smooth divorce process.

What Is an Affidavit?

An affidavit is a written statement of facts made voluntarily under oath. It must be signed in front of a notary public, who confirms your identity and your promise that the information is true. Because it carries the same weight as in-court testimony, knowingly making false statements in an affidavit is considered perjury, a serious offense under New York law.

In uncontested divorce cases, affidavits replace most in-person testimony, making them essential for establishing critical facts such as residency, service, consent, child-related information, and compliance with legal requirements.

Required Affidavits in a New York Uncontested Divorce

Each affidavit serves a specific legal purpose. Submitting all required affidavits correctly the first time reduces the chances of rejection when your papers go before a judge.

1. Affidavit of Defendant (Form UD-6)

This affidavit confirms that your spouse:

• Received the divorce papers properly

• Understands the nature of the uncontested divorce

• Consents to the divorce going forward

• Waives the right to further notice in many cases

Without this affidavit, your uncontested divorce cannot move forward unless you proceed by default after strict service requirements are met. The Affidavit of Defendant is often the simplest and fastest way to confirm that both spouses agree to the divorce.

2. Sworn Statement of Removal of Barriers to Remarriage

New York law requires both spouses to sign sworn statements confirming that no religious or cultural barriers remain that would prevent either spouse from remarrying in their religious tradition.

• UD-4 – Sworn Statement of Removal of Barriers to Remarriage (Plaintiff)

• UD-5 – Sworn Statement of Removal of Barriers to Remarriage (Defendant)

Even if neither spouse belongs to a religion with remarriage restrictions, these forms must still be included. Judges will not finalize the divorce without them.

This rule primarily relates to situations where certain religious divorces (such as a “Get” in Orthodox Judaism) are required in addition to the civil divorce.

3. Affidavit of Plaintiff (Form UD-7)

This is one of the most detailed and important affidavits in uncontested divorce. The plaintiff swears to:

• Date and location of the marriage

• Residency requirements for filing in New York

• Legal grounds for divorce (usually “irretrievable breakdown” for at least six months)

• Whether there are children of the marriage

• Whether child support, custody, and parenting arrangements are settled

• Whether the property division and spousal support agreements are complete

Judges rely heavily on this affidavit to confirm that all statutory requirements have been met and that the case qualifies as uncontested.

4. Affidavit of Service

This affidavit is completed by the person who served the Summons With Notice or the Summons and Verified Complaint. It includes:

• Name of the server

• Date, time, and location of service

• Method of service (personal service is required in many NYC cases)

• Description confirming the identity of the person served

If service is done incorrectly or the affidavit is incomplete, the entire divorce packet can be rejected, even if both spouses agree to the divorce.

Proper Notarization Requirements

New York courts strictly enforce notarization rules. For an affidavit to be valid, the following must occur:

1. Personal appearance before a notary (or an authorized remote notarization session)

2. Valid government-issued photo ID must be shown

3. Signature must occur in the notary’s presence

4. The signer must verbally swear that the statement is true

5. The notary must complete the jurat, apply their stamp or seal, and sign with an active commission

Incorrect notarization is one of the top reasons affidavits are rejected by county clerks and judges.

Common Mistakes That Delay Uncontested Divorce Filings

Even small errors in affidavits can result in delays or resubmissions. Common issues include:

• Signing the affidavit before appearing before a notary (automatic invalidation)

• Using a notary with an expired commission

• Submitting outdated or incorrect forms

• Leaving blank sections or inconsistent answers

• Typos in names, dates, or addresses

• Using handwriting instead of typed answers (legibility issues)

• Failing to attach required exhibits

Review every affidavit carefully before submitting it to avoid unnecessary delays.

Remote Online Notarization in New York

New York now permits remote online notarization (RON) using approved platforms. This allows signers to meet with a notary via live audio-video technology, which is especially helpful for:

• Spouses living out of state

• Individuals with mobility challenges

• Busy schedules that make in-office visits difficult

RON requires both the notary and signer to follow strict identity-verification procedures, but it is legally recognized and accepted by New York courts when done correctly.

Why Accurate Affidavits Matter in an Uncontested Divorce

Because uncontested divorces rely heavily on written proof instead of testimony, judges must be confident that:

• All facts are true and complete

• Both spouses understand and voluntarily agree to the terms

• All legal obligations have been addressed

• Proper service and notice have been given

• Residency and grounds meet NY divorce law requirements

Strong affidavits help ensure your divorce packet is processed quickly and approved without unnecessary questions or requests for clarification.

Need Affidavit Review or Assistance?

Preparing affidavits correctly is essential for a smooth, uncontested divorce in New York. Our NYC legal team can review your forms, help you complete missing sections, ensure proper notarization, and prepare a clean, court-ready divorce filing.

Contact us today for professional guidance and fast support with all affidavit requirements.