If you have unemancipated children of the marriage under the age of twenty one (see the definition on page 7), please see the Annual Income Worksheet (Form UD-8(1) Instructions and the Child Support Worksheet (Form UD-8(3)) Instructions before you prepare the summons, so you can give the Defendant notice of the amount of child support demanded.
1. SUMMONS WITH NOTICE (Form UD-1):
This form is used when commencing an action for divorce without a Verified Complaint. The Notice of Automatic Orders, Notice of Guideline Maintenance if the divorce was commenced on or after 1/25/16, and Child Support Standards Chart if applicable must, and the Notice Concerning Continuation of Health Care Coverage should, be served with the Summons with Notice. Note: if your action was commenced before January 25, 2016 , the Maintenance Guidelines Law will not apply.
Field 1: Put the index number in the space provided.
Field 2: Print the county in which you are bringing this action.
Field 3: Print the date the summons was filed.
Field 4: The same as field 2.
Field 5: Print the Plaintiff's name.
Field 6: You must state the basis of venue, that is, why this case may be heard in the county you select. You have several options: Plaintiff's residence (Plaintiff lives in the county), Defendant's residence (Defendant lives in the county), or CPLR §509 (any other county so long as the Defendant does not object and the court accepts the case). If you choose a county where neither party resides, you must write in CPLR §509. The court must accept the case if it is brought in the county where either the Plaintiff or the Defendant resides. If you choose CPLR §509 and the other side does not challenge the basis for venue, then the action may go forward in that county, but you should be aware that the court may reject your case based on specific venue rules in the county where you are filing.
Field 7: Provide where either the Plaintiff or the Defendant resides depending on which party's residence was chosen as the basis of venue. For example, if the Plaintiff's residence is listed as the basis for venue, place the Plaintiff's address in this space. If Defendant's residence is chosen, list the Defendant's address in this space. If CPLR §509 is chosen, list the Plaintiff's address in this space.
Field 8: Print Defendant's name.
Field 9: Check the appropriate box.
Field 10: Print the date you prepared the summons.
Field 11: Check the appropriate box.
Field 12: List your attorney's address and telephone number. If you do not have an attorney, list your name, address and telephone number.
Field 13: Fill in the appropriate subdivision number and the grounds for divorce as indicated at the bottom of the form (see pages 3-5 in this booklet). Check with your local clerk's office if you need additional information on where to learn about the grounds for divorce.
Field 14: “Ancillary” or Other Relief: If you are asking for other relief in addition to your request for a divorce, this other relief must be listed in this section as “ancillary relief.” Examples include but are not limited to custody, visitation, child support, equitable distribution of specific property from the marriage, maintenance, counsel and/or experts fees, orders of protection, pension benefits, use of a former last name, and exclusive occupancy of the marital residence. If there are unemancipated children of the marriage (see the definition on page 7), child support must be listed in this section. You should also list any presently existing court orders (including the docket /case/index number) that you wish to be continued. (Note: when minor children of the marriage reside in New York State, custody must be determined). You should also list any stipulations or agreements that you have made in writing with the Defendant that you wish to become a part of the judgment. If you are waiving the distribution of marital property or if marital property is being distributed pursuant to an agreement/stipulation, check the appropriate box. If you are not seeking maintenance as described in the Notice of Guideline Maintenance other than what was already agreed to in a written agreement/stipulation, or if you seek maintenance as described in the Notice of Guideline Maintenance, check the appropriate box. If you would be the party with greater income, you should leave both boxes blank.
Note: do not check these boxes if your action was commenced before January 25, 2016 because the Maintenance Guidelines Law will not apply. If your action was commenced before that date, and if you seek maintenance, instead include your request on the Lines for “Ancillary” or Other Relief at Field 14 together with your reasons. The court will decide your request in its discretion after considering certain factors. If you are not requesting “Ancillary” or Other Relief, check the appropriate box.
Important Note: If you do not ask for a type of “Ancillary” or Other Relief in this section, you may be giving up your rights to things you may be entitled to.