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Matrimonial Office Requirements for Filing Uncontested Divorce Papers


PLEASE NOTE: COURT PERSONNEL ARE PROHIBITED FROM GIVING LEGAL ADVICE AND ARE NOT ALLOWED TO FILL OUT THE FORM FOR YOU.

The filing fee an Uncontested Note of Issue and Request for Judicial Intervention is $125. payable to the Queens County Clerk. You must file the NOI and RJI and pay the required filing fee in the office of the Queens County Clerk (Rm. 106) before submitting your uncontested papers in Rm. 140.

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

  1. A copy of the Request for Judicial Intervention (form UD-13) stamped by the county clerk as proof of payment. If there are children of the marriage under the age of 18 you must also file and submit a copy of the Addendum Form (form 840M)
  2. A copy of the Note of Issue (form UD-9)
  3. A current copy of the county clerk’s minutes (obtained in Rm. 106)
  4. An exact copy of the document(s) which were filed with the county clerk to commence the action, namely the Summons with Notice (form UD-1) or Summons (form UD-1A) and Verified Complaint (form UD-2) along with Notice pursuant to Sec.236b and Sec. 255 of the Domestic Relations Law; Notice of Guideline Maintenance for actions commenced on or after 1/25/16
  5. Proof of Service of the documents stated in item 4. This should be in the form of an Affidavit of Service (form UD-3) or an Affidavit of Defendant (form UD-7)
  6. Affidavit of Regularity (form UD-5)
  7. Part 130 Certification (form UD-12)
  8. Sworn Statement of Removal of Barriers to Remarriage (form UD-4), along with Affidavit of Service (form UD-4A)
  9. Affidavit of Plaintiff (form UD-6)
    Note:
    An action for annulment based on fraud or an action for divorce based on adultry must have a corroborating affidavit signed by someone other than the plaintiff or the defendant.
  10. Findings of Fact/ Conclusions of Law (form UD-10)
  11. Judgment of Divorce (form UD-11)
  12. A certified copy of the Separation Agreement must be submitted if this is the grounds for the divorce (DRL 170 (6)) with proof that it has been filed with the appropriate county clerk’s office.
  13. 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.
  14. Certificate of Dissolution of Marriage (form DOH2168).
  15. Optional- A self-addressed stamped postcard which will be used by the county clerk’s office to notify you that the judgment has been signed and entered.

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

  1. Child Support Worksheet (form UD-8-(3))
  2. Copies of prior orders of Family Court regarding custody, visitation and child support, if any.
  3. Support Collection Unit Information Sheet (form UD-8a)
  4. Qualified Medical Child Support Order (form UD-8b)
  5. UCS-111 (UCS Divorce and Child Support Summary Form)
  6. Income Withholding Order, if applicable
  7. New York State Case Registry Filing Form (required with support orders payable to other than a Support Collection Unit)

    If the action was commenced on or after 1/25/16 and either party is seeking maintenance you must submit:

    1. Annual Income Worksheet (form UD-8(1))
    2. Maintenance Guidelines Worksheet (form UD-8(2))

    ALL DOCUMENTS SHOULD BE INDIVIDUALLY STAPLED