7. AFFIDAVIT OF DEFENDANT (Form UD-7): To be Filled out by Defendant
Field 1: Insert the county in which the action is brought.
Field 2: Print the Plaintiff's name.
Field 3: Insert the index number assigned to the action.
Field 4: Print the Defendant's name.
Field 5: Insert the state and county in which the Defendant signed this affidavit.
Field 6: Print the Defendant's name.
Field 7: Print the Defendant's address.
Field 8: Defendant must check the appropriate box(es). The date of service and the grounds for divorce listed on the Summons With Notice or in the Verified Complaint also must be inserted.
Field 9: This section remains unchanged.
Field 10: Check the appropriate box.
Field 11: Check Section 4A if the Defendant waives service of all further papers in the action except for the final Judgment of Divorce. Check Section 4B if the Defendant wants to be served with all papers required to be served. The Defendant may strike any individual documents that the Defendant does not wish to be served with.
Field 12: In 5a, Strike the italicized words if you are not seeking equitable distribution.
In 5b, 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 you checked the box to indicate that you seek maintenance as payee pursuant to the Maintenance Guidelines Law, you must fill out Forms UD-8(1) and (UD-8(2) and submit them to the Court.
Field 13: Strike section 6a in totality except where Plaintiff requests a divorce by the conversion of a separation agreement and the marriage was performed by a clergyman, minister or by a leader of the Society for Ethical Culture. Check box 6b if you waive the Plaintiff’s requirement to file the Sworn Statement of Removal of Barriers to Remarriage (Form UD-4).
Field 14: In Section 7, check the box whether you are the custodial or non-custodial parent, and check one of the following four statements [boxes (1),(2),(3), or (4)]. One of the four boxes must be selected. If (1),(2) or (3) is selected in this Affidavit or in the Affidavit of Plaintiff, then "Applicable" must be checked on the opening sentence (Field 8) of Form UD-11 (Judgment of Divorce).If you checked box (1), you must send this form or another application with a completed SCU Information Sheet (Form UD-8a) and the signed Judgment of Divorce (Form UD-11) to your local SCU within 20 days after the Judgment is entered. Complete the rest of this section (D.R.L. §240 1(a-1)Records Checking Requirements) only if there are minor children of the marriage (see the definition on page 7) . Check the appropriate boxes and list any required information.
Field 15: If DRL §170(7), is the ground alleged, and if you agree to the divorce and all the relief requested and are not seeking additional relief, check box A, B, C or D.
Field 16: Check the box to acknowledge receipt of the Notice of Guideline Maintenance, if your divorce action was commenced before January 25, 2016.
Field 17: Check the box to acknowledge Notice Concerning Continuation of Health Care Coverage.
Field 18: Defendant must sign the document and have it notarized before a notary public.