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New York StateUnified Court System

Uncontested Matrimonial Procedure


Overview

1. Obtain an Index Number from the County Clerk’s Office, Room 118, for a fee of $210.00, and file the Summons with Notice or Summons and Complaint. Obtain a file stamped copy of the Summons with Notice or Summons and Complaint from the County Clerk.

2. A copy of the Summons with Notice or Summons and Complaint, with the index number and filing date stamped on it, is to be delivered to the defendant personally, or upon application, by court ordered alternate service.

3. The defendant must be served within 120 days of the purchase of the index number and the filing of the Summons with Notice or Summons and Complaint unless an application for an extension of time to serve is made by the plaintiff’s attorney and granted by the court.

4. Personal service upon the defendant should be made by a person 18 years old or older who is not a party to the action. No service is to be made on a Sunday.

5. If the defendant has defaulted, the Note of Issue and all supporting documents may be submitted to the Court after 41 days have elapsed since the service of the Summons with Notice or Summons and Complaint. If the defendant has appeared, consented to the divorce, and waived the statutory period in which to place the case on the calendar, the Note of Issue and all supporting documents may be submitted to the Court immediately. The Note of Issue must be filed within one (1) year of the default.

6. The Note of Issue filing fee is $125.00.

7. After the defendant has defaulted in appearing or answering and 41 days have elapsed since service upon the defendant, or after the defendant has appeared, waived his or her right to answer, and consented to the placement of the action on the calendar, the following documents, in the exact order listed, must be presented personally or by mail to the Matrimonial Clerk’s Office, Room 217:

  1. Three (3) copies of the Note of Issue with $125.00 fee
  2. Summons With Notice or Summons (served with Verified Complaint), with proof of filing
  3. Verified Complaint
  4. Affidavit of Service or Affidavit of Defendant
  5. Sworn Statement of Removal of Barriers to Remarriage with Proof of Service (If grounds are based on a Judgment of Separation or a Separation Agreement and the defendant appears in the action, the Defendant must also submit a Sworn Statement of Removal of Barriers to Remarriage)
  6. Affirmation of Regularity
  7. Affidavit of Plaintiff
  8. Affidavit regarding the military status of the defendant (May is addressed in Affidavit of Plaintiff)
  9. Affidavit regarding D.L. 76h information if there are children less than 18 years old (May is addressed in Affidavit of Plaintiff)
  10. Corroborating Affidavit of Third Party (Annulment or Adultery Cases Only)
  11. Stipulation resolving ancillary issues (Musts be acknowledged)
  12. Copy of any Family Court order that is to be continued
  13. Findings of Fact/Conclusions of Law
  14. Judgment of Divorce
  15. Part 130 Certification
  16. Certificates of Dissolution of Marriage
  17. UCS-113 (UCS Divorce and Child Support Summary Form) (If applicable)
  18. New York State Case Registry Filing Form (If applicable)
  19. Two (2) self-addressed, Stamped Postcards

8. If child support is an issue, the resolution of the issue must be in accordance with the Child Support Standards Act. Before issuing an order of child support, the Court requires either proof of an existing Family Court order of support to be continued, a child support stipulation, or a hearing to determine the issue of support.

9. Uncontested Matrimonial forms, and Child Support Standards Charts are available in the Office of the Self-Represented, Room 121, or online at www.nycourts.gov.

10. On a future date, the papers will be submitted to a Special Referee for consideration. If satisfied as to the proof, the proposed Findings of Fact and Conclusions of Law, and Judgment will be signed. Otherwise, further corrections or a hearing may be required.

11. The divorce is final after the Findings of Fact and Conclusions of Law are signed by the court and entered by the County Clerk. A certified copy of the final signed Judgment may be obtained from the County Clerk’s Office, Room 118, for a fee of $8.00 per certified copy.


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