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Matrimonial Office Requirements for Filing Uncontested Divorce Papers

Please note that court personnel are prohibited from giving legal advice and are not allowed to fill out the forms for you.

Your papers are accepted subject to review, and, if at any point your papers are found defective, you will be notified by mail. Do not call this office.

Court fees for uncontested note of issue: The usual fee is $125. However, if an RJI fee has been previously paid, the note of issue fee is $30. A postal money order or an attorney’s business check are the only acceptable means of payment.

In order to place a matrimonial action on the uncontested calendar, the following papers must be submitted to the Matrimonial Office, Room 140:

  1. Three copies of the note of issue form UD-9 with a current printout of the county clerk’s minutes (obtained in Room 106).
  2. A completed Request for Judicial Intervention (RJI). If there are children under 18, you must attach the Matrimonial addendum (Form 840M).
  3. An exact copy of the documents(s) which commenced the action, namely the summons with notice form UD-1 OR summons form UD-1A and verified complaint form UD-2.
  4. Proof that the defendant was served. This can be the defendant’s affidavit in which (s)he accepts service form UD-7 OR the affidavit of service of the summons form UD-3. The defendant’s affidavit or the affidavit of service of the summons must address whether the defendant is a member of the military.
  5. Affidavit of regularity form UD-5 AND Part 130 certification UD-12
  6. Affidavit of fact, also known as affidavit of plaintiff form UD-6.
  7. A sworn statement as to the removal of barriers to remarriage form UD-4, along with proof of service form UD-4A, if the parties were married by a clergyman, minister or by a leader of the Society for Ethical Culture . (This is not necessary if the parties were married in a civil ceremony, for example, by the city clerk or justice of the peace.)
  8. An action for annulment based on fraud or an action for divorce based on adultery must have a corroborating affidavit signed by someone other than the husband or wife.
  9. Separate findings of fact with conclusions of law form UD-10 AND separate judgment of divorce form UD-11. If the form from the uncontested divorce package is not used, be sure that these documents comply with 22NYCRR - 202.50. Appendix B and 202.5, as well as CPLR 2101.
  10. A certified copy of the Separation Agreement must be submitted if this is the ground for the divorce, with proof that it was filed with the appropriate county clerk.
  11. Original or certified copies of all other stipulations or agreements (signed and acknowledged by both parties) stamped “fee paid”by the County Clerk. (This includes any amendments or addendums.) Note: attorney certifications per CPLR 2105 are acceptable.
  12. Original, signed, official, certificate of dissolution form DOH-2168 must be submitted. It must contain social security number information for both parties and the wife’s maiden name.
  13. A self addressed stamped post card, which will be used to notify you that the judgment has been signed and entered by the county clerk, is mandatory.

If there are children under the age of 21, the following additional documents must be submitted and the following rules apply:

  1. Income information pursuant to DRL 240 in the form of a child support worksheet UD-8 is required.
  2. When a stipulation addresses child support, it must include a provision stating that the parties have been advised of the child support standards provisions of DRL 240. The stipulation must contain the reason(s) for any deviation from the presumptive amount of child support.
    See DRL 1(j)1-b(h).
  3. Submit copies of any prior orders of custody, visitation and child support of the Family Court or any other court.
  4. Qualified Medical Child Support Order UD-8b. See DRL 240 (1)(c).
  5. Income deduction order is required (unless the parties stipulate in writing to an alternate payment arrangement OR payments are to be made through the Support Collection Unit).
  6. Form UCS-111.
  7. Child and Spousal Support Registration form (unless the order will be paid through the Support Collection Unit).