Uncontested Divorce Information and Forms

What is an Uncontested Divorce?

An uncontested divorce is where:

Defendant signs a paper agreeing to the divorce, not objecting to what Plaintiff is asking for in the divorce and not asking the Court for anything; OR
Defendant defaults by failing to answer the summons or summons and complaint; OR
Plaintiff and Defendant have a written agreement about what will happen after the divorce as to their finances, property, and custody (parenting time) and support of their children, if they have any, and Defendant signs a paper agreeing to the divorce; OR
Plaintiff and Defendant have a written agreement about what will happen after the divorce as to their finances, property, and custody (parenting time) and support of their children, if they have any, and agree to file jointly as a joint divorce on the ground of irretrievable breakdown in relationship under DRL §170 (7).

You may start the divorce thinking it will be simple, but your spouse might later decide to disagree with what you are asking for. If this occurs, you may wish to consult a lawyer or you may proceed on your own without a lawyer. In either case, this Packet should not be used. Many of the forms in the Packet only work where your spouse either:

Consents (agrees) to a divorce, does not object to what you are asking for, and does not ask the Court for any relief; or
Where your spouse does not appear to object to what you are asking for or to request relief.

Before Filling Out Forms

This Packet May Not Be for You

Many people who seek a divorce often hire a lawyer to represent them. This packet is designed so that you may be able to represent yourself and complete your divorce without a lawyer.

Only use this packet if you think your divorce will stay uncontested.

Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be "uncontested" (See "What is an Uncontested Divorce?" above).

There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, you may want to ask the Court to grant you an Order of Protection, or you may seek custody or joint custody or parenting time (visitation) of your children, or there may be property to divide between you and your spouse such as a home or a bank account or a pension, or you may need child support, and other financial support, among other things). Should you want an Order of Protection, or should there be a disagreement between you and your spouse about any of these other things, the divorce will become contested.

If you decide to use this Packet and to represent yourself:

You won’t have a lawyer to explain your rights or help you avoid mistakes. concerning issues related to divorce proceedings, including, for example, division of marital property, liability (responsibility) for joint debts, child custody and support, spousal maintenance, insurance benefits, and orders of protection or enforcement of the provisions of the divorce judgment that deal with these issues.

You could lose important rights without realizing it. For example, if your spouse has a pension and you don’t ask for your share during the divorce, you may lose it permanently.

If you cannot find your spouse to serve divorce papers personally, you may also wish to consult a lawyer to help you with alternate service options or to make a request to the Court to permit another way to serve the papers if you cannot find your spouse.

You may also wish to discuss with a lawyer, if you are unsure, after reading the Instructions, whether you meet the residency requirements, or whether you have grounds for divorce (one of the seven legally acceptable reasons for divorce in New York described in Domestic Relations Law §170). The latest ground for divorce is commonly called "no-fault divorce" - irretrievable breakdown in relationship under DRL §170 (7). This type of divorce is not automatic even though it is commonly called "no-fault divorce." The Court will not grant you a divorce based on this ground unless and until one of the parties has sworn under oath that the relationship has broken down irretrievably for a period of at least six months; AND you and your spouse have either resolved all the economic issues of distribution of property, maintenance, child support, and counsel and/or experts fees and expenses, and the custody and visitation with the minor children of the marriage, if any OR these issues have been decided by the court and incorporated into the final judgment of divorce. Once all the issues are settled or decided by a Court and one of the parties has sworn under oath that the relationship has broken down for at least six months, the divorce must be granted in New York State and cannot be defended or opposed.

You might also want to consult with a lawyer if you already have a foreign divorce (one granted outside the State of New York), if there is another matrimonial action pending or if you are under the age of 18 years.

You may want to consult with a lawyer in any of these circumstances before using the procedures outlined in this Packet.

If you decide you need a lawyer and you do not know of one, you should contact your local bar association for help finding one. In addition, the New York State Bar Association provides a lawyers' referral service for individuals seeking lawyers in a variety of areas, among them matrimonial law. The State Bar Association's toll-free telephone number is 1-800-342-3661. If you meet certain financial and other eligibility requirements, you may be able to obtain advice or representation from your local legal aid organization, legal services organization, or local bar association referral panel.

Employees of the New York State Courts can explain procedures but are not allowed to give legal advice, although they will certainly assist you with informational requests concerning the processing of papers (like forms), and many Courthouses have Offices of Self Help and local Courthouse Libraries.

You may also want to use the online Uncontested Divorce DIY Program to file for an Uncontested Divorce instead of this Packet if you meet the requirements.

Which Uncontested Divorce Forms are Required and When

There are a number of papers needed for an uncontested divorce in New York, and they're all included separately below, or as a complete packet in your local Supreme Court Clerk's Office (Use our Court Locator). A complete packet of forms is also available online for download at Uncontested Divorce Forms Packet.

See the Uncontested Divorce Instruction Booklet for instructions about filling them out.

The Uncontested Divorce Forms include the following:

Required Notices to Serve with the Summons in Every Case: Notice of Automatic Orders, Notice of Guideline Maintenance (for cases started on or after 1/25/16) & Notice about continuing health care coverage. Note: if there are children, the Child Support Standards Chart must also be served. It is available at LDSS 4515 (Rev. 03/26), Child Support Standards Chart
Required Forms to Start Every Case: Summons with Notice (Form UD-1) or Summons with Verified Complaint (Forms UD-1a and UD-2)
Required Proof that Papers Were Delivered to Your Spouse If Summons Was Served: Affirmation of Service (Form UD-3)
Required Statement Confirming You Have Removed Any Religious Barriers to Remarriage in Every Case: Sworn Statement (Form UD-4) and proof of service (Form UD-4a)
Form Confirming for the Court Whether: Service was Made on Defendant, or Defendant Appeared and Signed the UD-7, or Defendant Defaulted: Affirmation of Regularity (Form UD-5)
Required Sworn Statement from Plaintiff in Every Case: Plaintiff's Affirmation (Form UD-6)
Sworn Statement from Defendant Agreeing to the Action and Agreeing to Place the Case on the Uncontested Divorce Calendar without Waiting (if Defendant Agrees to Sign it): Defendant's Affirmation (Form UD-7)
Income and Support Worksheets (if needed): Annual Income Worksheet (Form UD-8(1)), Maintenance Guidelines Worksheet (Form UD-8(2)) for cases after 1/25/16, Child Support Worksheet (Form UD-8(3))
Required Additional Forms in Every Case For Court Processing: Note of Issue (Form UD-9), Findings of Fact and Conclusions of Law (Form UD-10), Judgment of Divorce (Form UD-11), Part 130 Certification (Form UD-12), Request for Judicial Intervention (Form UD-13) Notice of Entry (Form UD-14) & Affirmation of Service of the Judgment of Divorce (UD-15), Certificate of Dissolution of Marriage, A stamped, self-addressed postcard, Certificate of Dissolution of Marriage
Required Forms for Divorces with Children Only: Addendum to RJI (Form 840M), UCS-111 Child Support Summary Form
Forms Depending on the Circumstances for Divorces with Children: Fee Waiver Application, Fee Waiver Order, Support Collection Unit Information Sheet (Form UD-8a), Qualified Medical Child Support Order, QMCSO (Form UD-8b), Income Withholding Order for Child Support or Combined Child and Spousal Support (LDSS- 5037), NYS Case Registry Filing Form for use with Non-IV-D orders (except spousal only orders), Child Support Enrollment Form (LDSS 5258), Short Form Application for Child Support Services (may be used instead of LDSS 5258), DRL 255 Addendum to Matrimonial Agreement), Notice of Settlement
Forms Depending on the Circumstances for Divorces with no Children: Fee Waiver Application, Fee Waiver Order, Income Withholding Order for Spousal Support only (LDSS-5038), DRL 255 Addendum to Matrimonial Agreement), Notice of Settlement