What's New in Matrimonial Legislation, Court Rules, and Forms

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2026

03/01
Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2026. These revisions reflect the required statutory adjustment on March 1, 2026 of the combined income cap under the Child Support Standards Act from $183,000 to $193,000, and of the income cap of the maintenance payor under the Maintenance Guidelines Act from $228,000 to $241,000. Both of these adjustments are based on increases in the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. In addition, the revised forms reflect the increases as of March 1, 2026 in the Self Support Reserve from $21,128 to $21,546, and in the federal Poverty Level Income for a single person from $15,650 to $15,960. Forms and Calculators for both contested and uncontested divorces will be posted on or about March 1, 2026 at Post-Divorce Maintenance and Child Support Tools | New York Courts.

Additional revisions to the Uncontested Divorce Packets, which will also be posted on or about March 1, 2026 at Uncontested Divorce Information and Forms | New York Courts, were also made to reflect changes required by the No-Fault Separation Statute enacted as Chapter 673, Laws of 2025, which provided for a no fault separation and also changed the separation grounds for a divorce from living apart for one year or more to living apart for six months or more pursuant to a Judgment or Decree or Agreement of Separation as provided in DRL§ 170(5) and DRL§ 170(6)).

01/20
Revisions were made to the Notice of Automatic Orders in the Uncontested Divorce Packets and the Joint Divorce Forms to comply with amendments enacted as Ch. 535, Laws of 2025, to the Automatic Orders statute contained in DRL 236(B)(2)(b). In addition, 22 NYCRR 202.16-a concerning Automatic Orders was amended to comply with said amendments to the Automatic Orders statute. Said amendments make clear that the automatic orders remain in effect until entry of the Judgment of Divorce, and add a new paragraph (6) requiring any party who receives notice of a tax lien, foreclosure, bankruptcy, or litigation, or of the lifting of a stay in bankruptcy, which could adversely affect the marital estate, to provide such notice to the other party within 10 days after receipt of the notice.

01/01
The Net Worth Statement was further amended to comply with amendments to CPLR 2106 enacted as Ch. 564, Laws of 2025, which permit affirmations on most sworn statements with an exception for matrimonial agreements which must still be sworn before a notary in the form that would entitle a deed to be recorded pursuant to DRL 236(B)(3). The revised Net Worth Statement form deletes the provisions for signing the form before a notary public and substitutes the new affirmation language required by CPLR 2106, with some other conforming changes from the form which became effective on December 1, 2025. Said Net Worth Statement revised 1/1/26 is posted on the UCS Website at Net Worth Statement | New York Courts

01/01
On 1/1/26 the Short Form Financial Statement required by 22 NYCRR 202.16(p) was amended to comply with amendments to CPLR 2106 as to the form of affirmation language. Said Short Form Financial Statement is posted on the UCS Website at Financial Eligibility Form for Assigned Counsel.pdf

2025

12/01
An Excel Spreadsheet Eff. 12/1/25 became effective pursuant to the Rule on the Proposed Statement of Disposition (22 NYCRR 202.16(h) as amended on 12/1/25 and is posted at ED Worksheet.pdf

03/01
Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2025. The revised forms reflect the increases as of March 1, 2025 in the Self Support Reserve from $20,331 to $21,128 and in the federal Poverty Level Income for a single person from $15,060 to $15,650.

Uncontested Divorce Forms revised March 1, 2025 reflecting these changes are posted at Contested Divorce Forms.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2025 reflecting these changes are posted at Post-Divorce Maintenance and Child Support Tools.

Joint Divorce Forms revised March 1, 2025 reflecting these changes are posted at Uncontested Joint Divorce Information and Forms.

02/19
Because of the passage of a new law (CPLR 515) effective 2/19/25 , the county where a divorce action may be heard (venue) has been changed. It must now be heard in a county where one of the parties or one of the minor children of the marriage resides, unless one of their addresses is not a matter of public record or is subject to a confidentiality order. Plaintiffs filing for divorce should make sure to file their actions in compliance with the new law.

Copy of the new law

News Archive

2024

12/24
At the end of December 2024, revisions were made to the Uncontested Divorce Verified Complaint (UD-2) to comply with Ch. 665, Laws of 2024, which amends CPLR 3020 to permit affirmations on verified pleadings. In addition revisions were made to several forms in the Uncontested Divorce Packet to comply with Ch. 589, Laws of 2024, which amends CPLR article 11 to require that a motion to proceed as a poor person be called a motion to seek a waiver of court costs, fees, and expenses. The revised Uncontested Packet forms include the application for the order waiving the court costs, fees, and expense; the order waiving court costs fees and expenses, and the affirmation of service of the proposed order for a waiver of court costs, fees and expenses. They also include the UD-13 RJI Form. Revisions were also made the Uncontested Divorce Instructions to comply with both new laws.

11/26
The Uncontested Divorce Packet Form Affirmation of Service by Personal Delivery of the Divorce Summons (Form UD-3) was revised in November, 2024 to comply with the Civil Discrimination Act which was signed by the Governor as Chapter 473, Laws of 2024. It requires proof of service to include the server's perception of various characteristics of the recipient in the description of the person to whom personal service of a summons was delivered, replacing “sex” and “color of skin” with “gender” and “race” in the process server’s description of a person.

3/1
Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2024. These revisions reflect the required statutory adjustment on March 1, 2024 of the combined income cap under the Child Support Standards Act from $ $163,000 to $183,000, and of the income cap of the maintenance payor under the Maintenance Guidelines Act from $203,000 to $228,000. Both of these adjustments are based on increases in the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. In addition, the revised forms reflect the increases as of March 1, 2024 in the Self Support Reserve from $19,683 to $20,331, and in the federal Poverty Level Income for a single person from $14,580 to $15,060.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2024 reflecting these changes were posted at Maintenance & Child Support Tools.

1/1
On January 1, 2024, revisions to many of the divorce forms for uncontested and contested divorces were made to implement revisions to CPLR 2106 pursuant to Chapter 559, Laws of 2023, which permit affirmations to be submitted in lieu of affidavits. These revised forms are posted. However notarized affidavits will not be rejected.

2023

3/1
Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2023. The revised forms reflect the increases as of March 1, 2023 in the Self Support Reserve from $18,346.50 to $19,683 and in the federal Poverty Level Income for a single person from $13,590 to $14,580.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2023 reflecting these changes are posted.

Uncontested Divorce Forms revised March 1, 2023 reflecting these changes are also posted.

2022

6/24
The Uncontested Joint Divorce Pilot Project is now available in Kings, Queens, Broome, Ontario and Westchester Counties, as of 3/1/22.

6/13
Two Administrative Orders dated June 13, 2022 were signed with the approval of the Administrative Board

AO/141/22 is effective July 1, 2022. It adopts revisions to the Matrimonial Rules harmonizing them with the Uniform Rules as also amended by said Administrative Order (see revised 22NYCRR 202.16 and 202.16-b)

A/O/142/22 adopts a revised Preliminary Conference Stipulation/Order-Contested Matrimonial Forms (“PC Order”) for use in matrimonial matters effective July 1, 2022. The revised form is posted on the Divorce Resources website under Statewide Official Forms at effective July 1, 2022. The revisions in the PC Order are designed to implement the newly harmonized Matrimonial Rules into the form.

Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2022. These revisions reflect the required statutory adjustment on March 1, 2022 of the combined income cap under the Child Support Standards Act from $154,000 to $163,000, and of the income cap of the maintenance payor under the Maintenance Guidelines Act from $192,000 to $203,000. Both of these adjustments are based on increases in the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. In addition, the revised forms reflect the increases as of March 1, 2022 in the Self Support Reserve from $17,388 to $18,346.50 and in the federal Poverty Level Income for a single person from $12,880 to $13,590.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2022 reflecting these changes were posted.
Uncontested Divorce Forms revised March 1, 2022 reflecting these changes were also posted.

2021

By Administrative Order 135/21, a new Firearms Seizure Order for use in matrimonial actions in Supreme Court was adopted on April 23, 2021 effective immediately.

Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2021. The revised forms reflect the increases as of March 1, 2021 in the Self Support Reserve from $17,226 to $17,388 and in the federal Poverty Level Income for a single person from $12,760 to $12,880.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2021 reflecting these changes are posted.

Uncontested Divorce Forms revised March 1, 2021 reflecting these changes are also posted.

2020

Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2020. These revisions reflect the required statutory adjustment on March 1, 2020 of the combined income cap under the Child Support Standards Act from $148,000 to $154,000, and of the income cap of the maintenance payor under the Maintenance Guidelines Act from $184,000 to $192,000. Both of these adjustments are based on increases in the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. In addition, the revised forms reflect the increases as of March 1, 2020 in the Self Support Reserve from $16,861.50, to $17,226 and in the federal Poverty Level Income for a single person from $12,490 to $12,760.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2020 reflecting these changes are posted.

Uncontested Divorce Forms revised March 1, 2020 reflecting these changes as well as revisions relating to applications for child support services are also posted.

2019

12/1
By Administrative Order 284-2019, a Short Form Application for Child Support Services in Supreme Court was adopted effective December 1, 2019 for use in uncontested divorce actions.

3/1
By Administrative Order 72/19, Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2019. The revisions reflect the increases as of March 1, 2019 in the Self Support Reserve to $16,861.50 and in the Poverty Income Level for a single person to $12,490.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2019 reflecting these changes are posted.

Uncontested Divorce Forms revised March 1, 2019 reflecting these changes are also posted.

Effective Feb. 15, 2019: Joint Order of the Appellate Divisions: New Revised Form of Statement of Client’s Rights and Responsibilities in Matrimonial Cases

2018

12/21
Joint Order of the Departments of the New York State Supreme Court, Appellate Division was signed adopting the attached Revised Form of Statement of Client’s Rights and Responsibilities pursuant to 22 NYCRR 1400.2, effective February 15, 2019.

9/30
By Administrative Order AO/269/18 dated September 20, 2018, an amendment to paragraph 3 of 22 NYCRR 202.50(b) governing the form of judgments in contested and uncontested matrimonial actions was adopted. Said Administrative Order also adopted a revised form of Judgment of Divorce (Form UD-l l) and instructions in the Unified Court System's Uncontested Divorce Packet. The Administrative Order was effective September 30, 2018 but provided that divorce submissions using the earlier version of the divorce judgment shall still be accepted through October 30, 2018.

8/31
Effective August 31, 2018 revised Income Withholding Order forms promulgated by the Office of Temporary and Disability Assistance were adopted by Administrative Order AO/262/18 dated August 14, 2018 effective August 31, 2018 for use in NYS Supreme Courts. The revised IWO Forms are:
LDSS-5037 – IWO form for child support or combined child and spousal support
LDSS-5038 -- IWO form for Spousal Support Only cases
LDSS 5039 - Income Withholding for Support: General Information and Instructions form
The prior IWO forms adopted for use in NYS Supreme Courts by Administrative Order AO/99/15 dated May 15, 2015 were repealed by said AO/ 262/18.

8/31
Prior to the effective date of August 31, 2018, the Office of Temporary and Disability Assistance further amended and corrected Form LDSS-5039.

These forms, including the revised LDSS-5039 form, were posted electronically on our website on August 31, 2018.

5/31
By Administrative Order AO/191/18 dated May 21, 2018, the Uncontested Divorce Packets were modified effective May 31, 2018 to adopt a revised Uncontested Divorce Judgment of Divorce (Form UD-11) and Revised Instructions. These revisions comply with amendments to 22NYCRR 202.50(b)(2) and new 22NYCRR 202.50(b)(4) regarding the required form of judgments of divorce.

3/1
By Administrative Order A/O/124/18, Revised Instructions and Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2018. The revisions reflect the required increase in the combined parental income cap under the Child Support Standards Act on March 1, 2018 to $148,000 per year based on CPI increases as required by Social Services Law 111(i)(b). In addition, the revisions further reflect the increases as of March 1, 2018 in the Self Support Reserve to $16,389 and in the Poverty Income Level for a single person to $12,140.

Forms and Calculators for both Contested and Uncontested Divorces revised March 1, 2018 reflecting these changes are posted.

Uncontested Divorce Instructions and Forms revised March 1, 2018 reflecting these changes are also posted.

1/31
By Administrative Order AO/289/18, a revised Preliminary Conference Stipulation/Order for Use in Matrimonial Actions in Supreme Court was adopted effective January 31, 2018 to reflect the increase in the annual income cap of the maintenance payor for temporary and final (post-divorce) maintenance from $178,000 to $184,000 per year based on CPI increases as required by the 2015 Maintenance Guidelines Law (L. 2015, ch. 269).

By Administrative Order A/O/117/18, Revised Instructions and Forms for Use in Matrimonial Actions in Supreme Court were adopted effective January 31, 2018. The revised forms reflect the increase in the annual income cap of the maintenance payor for temporary and final (post-divorce) maintenance from $178,000 to $184,000 per year based on CPI increases as required by the 2015 Maintenance Guidelines Law (L. 2015, ch. 269).

Forms and Calculators for both Contested and Uncontested Divorces revised January 31, 2018 reflecting the $184,000 annual income cap of the maintenance payor are posted.

Uncontested Divorce Instructions and Forms revised January 31, 2018 reflecting the $184,000 annual income cap of the maintenance payor are also posted.

2017

7/18
By Administrative Order A/O/ 138/17 dated July 18, 2017, the Uncontested Divorce Packet Forms were modified to adopt a revised Uncontested Divorce Judgment of Divorce (Form UD-11) in order to comply with new 22NYCRR 202.50(b) (3).

5/22
By Administrative Order A/O/ 100/17, 22NYCRR §202.50(b) was amended to add a new section 202.50(b)(3) requiring that every Uncontested and Contested Judgment of Divorce contain certain decretal paragraphs, including one concerning the venue where post judgment applications for modification or enforcement in Supreme Court should be brought.

By Administrative Order A/O /99/17, 22NYCRR §202 was amended to add a new section 202.16-b addressing the submission of written applications in matrimonial actions.

By Administrative Order A/O 102/17, the Uncontested Divorce Packet Forms were modified to reflect the increases as of March 1, 2017 in the Self Support Reserve to $16,281 and in the Poverty Level Income for a single person to $12,060.

2016

8/1:
By Administrative Order A/O 147/16, Revised Forms for Use in Contested Matrimonial Actions in Supreme Court were adopted effective August 1, 2016 (a revised Preliminary Conference Stipulation/Order - Contested Matrimonial and a revised Statement of Net Worth) pursuant to § § 202.16 (f)(2(v) and 202.16(b) of the Uniform Rules for the Supreme and County Courts.

6/22:
By Administrative Order A/O 143/16, § 202.16 (m) of the Uniform Rules for Supreme and County Courts was amended effective immediately to make the rule (providing for limited redaction of personal information from written decisions in contested matrimonial actions) applicable “prior to submitting any decision, order, judgment, or combined decision and order or judgment in a matrimonial action for publication.” The amendment also clarifies requirements about identification of parties.

3/1:
By Administrative Order A/O /192/15, § 202.16(m) of the Uniform Rules for Supreme and County Courts was adopted effective March 1, 2016, providing for limited redaction of personal information from written decisions in contested matrimonial actions.

3/1:
By Administrative Order A/O /192/15, § 202.5 (e) of the Uniform Rules for Supreme and County Courts (which became effective January 1, 2015) was amended effective March 1, 2016 to require parties to redact any of the documents or testimony in a matrimonial action protected by Domestic Relations Law section 235 or evidence sealed by the court in such an action which are attached as exhibits or referenced in the papers filed in any other civil action.”

3/1:
By Administrative Order A/O/64/16, Revised Instructions and Forms for Use in Matrimonial Actions in Supreme Court were adopted effective March 1, 2016. The revisions reflect the required increase in the combined income cap under the Child Support Standards Act on March 1, 2016 to $143,000 per year based on CPI increases as required by Social Services Law 111(i)(b). In addition, the revisions further clarify instructions regarding use of the UD-Packet forms and reflect the increases as of March 1, 2016 in the Self Support Reserve to $16,038 and in the Poverty Level Income for a single person to $11,880.

1/31:
By Administrative Order A/O 12/16, Revised Instructions and Forms for Use in Matrimonial Actions in Supreme Court were adopted effective January 31, 2016. The revised forms reflect the increase in the annual income cap of the maintenance payor for temporary and final (post-divorce) maintenance from $175,000 to $178,000 per year based on CPI increases as required by the 2015 Maintenance Guidelines Law (L. 2015, ch. 269), and clarify instructions regarding use of the UD-Packet forms.

1/25:
By Administrative Order A/O/0004/16, New and Revised Forms for Use in Matrimonial Actions in Supreme Court were adopted effective January 25, 2016. These form revisions are required by two legislative enactments last year: L. 2015 c. 269 (the Maintenance Guidelines Law which amended statutory provisions regarding temporary spousal maintenance, established formulae and procedures for setting post-divorce (final) maintenance) and L. 2015 c. 387 (the law as to treatment of maintenance in child support calculations).

2015

10/25:
The temporary maintenance provisions under the new Maintenance Guidelines Law ([Laws of 2015, Ch. 269; S. 5678/A. 7645] became effective as to divorces commenced on or after 10/251/5.

9/25:
The Governor signed the new temporary and permanent spousal maintenance guidelines [Laws of 2015, Ch. 269; S. 5678/A. 7645].
Description of the highlights, as well as the actual text of this important new law.

5/20:
Effective May 20, 2015, revised Income Withholding Order forms promulgated by the Office of Temporary and Disability Assistance were adopted by Administrative Order AO/99/15 dated May 15, 2015 for use in NYS Supreme Courts. The revised IWO forms are:

LDSS-5037 (5/15) (IWO form for child support or combined child and spousal support)

LDSS-5038 (5/15) (IWO form for Spousal Support Only cases)

LDSS 5039 (5/15) (Income Withholding for Support: General Information and Instructions" form)

The prior IWO forms adopted for use in NYS Supreme Courts by Administrative Order dated April 25, 2014 were repealed by said Administrative Order AO/99/15 dated May 15, 2015. The LDSS-5039 contains instructions for filling out the LDSS -5037 and LDSS-5038 and NYS Case Registry Form.

2014

4/27:
Effective April 27, 2014, new Income Withholding Order (“IWO”) forms promulgated by the Office of Temporary and Disability Assistance were adopted by Administrative Order 93-14 dated April 25, 2014 for use in NYS Supreme Courts. The new IWO forms are:

LDSS-5037 (4/14) (Non IV-D IWO, for Child Support and Combined Child and Spousal Support)

LDSS-5038 (4/14) (Spousal Support Only IWO)

LDSS-5039 (Income Withholding For Support: General Information and Instructions)

The prior IWO forms adopted for use in NYS Supreme Courts by Administrative Order dated September 19, 2012 were repealed by said Administrative Order dated April 25, 2014. At the same time, the Uncontested Divorce Booklet Instructions were amended to include the new IWO forms in the Uncontested Divorce Packets. The newly adopted LDSS- 5039 Form now contains instructions for filling out the LDSS -5037 and LDSS-5038 and NYS Case Registry Form. Corresponding changes were made to Child Support Resources.

1/14:
Important Changes to the Child Support Standards Act & Temporary Maintenance Guidelines

As of January 31, 2014, the Combined Parental Income Cap under the Child Support Standards Act has been adjusted from $136,000 to $141,000.
Revisions to the Uncontested Divorce Packet Instructions and Forms may be found at the Instructions, the UD-8 Child Support Worksheet, and the UD-10 Findings of Fact and Conclusions of Law.

As of January 31, 2014, the Income Cap under the Temporary Maintenance Guidelines has been adjusted from $524,000 to $543,000.
Revisions to the Temporary Maintenance Worksheet and Calculator may be found at Temporary Maintenance Worksheet and Calculator.

Note:
These changes are required by statute. The statutes (Social Services Law §111-I for the CSSA and D.R.L. § 236 Part B (5-a) for the Temporary Maintenance Guidelines) require adjustment of the cap on January 31, 2012 and on January 31st every other year thereafter pursuant to CPI-U increases published by the Department of Labor.

Changes were made to the UD-11 Judgment of Divorce to eliminate the requirement that, where orders relating to custody, visitation, maintenance and child support are being continued, a copy of the Judgment of Divorce must be filed with the Family Court within 10 days of entry.

2013

1/13:
A revised Notice of Automatic Orders was adopted to implement the amended Court Rule NYCRR 202.16a.

The Uncontested Divorce Booklet Instructions were amended to clarify that there is a single packet for both divorces with children and divorces without children. This revision also amended the instructions regarding the UD-6, UD-7 and UD-10 forms. At the same time, revised versions of Form UD-6, Form UD-7 and Form UD-10 were adopted to clarify that the no-fault ground may be used where neither party to the divorce has contested any ancillary issues based on the Affidavit of Plaintiff (which Defendant has not contested).

12/13:
Revised Order of Protection Forms promulgated pursuant to Administrative Order dated 12/26/13 were posted.

2012

1/31:
Revisions to Uncontested Divorce Child Support Worksheet (Form UD-8), Findings of Fact and Conclusions of Law (Form UD-10),and Instructions adopted by Administrative Order. Revisions implement increases required by statute in the combined parental income child support cap, based upon the consumer price index for all urban consumers (CPI-U) published by the United States Department of Labor. The old cap was $130,000, and the new cap is $136,000 effective January 31, 2012. The statute requires adjustment of the cap on January 31, 2012 and on January 31st every other year thereafter.

Revisions to Temporary Maintenance Worksheet and Calculator to implement increases required by statute in the combined parental income temporary maintenance cap, based upon the consumer price index for all urban consumers (CPI-U) published by the United States Department of Labor. The old cap was $500,000, and the new cap is $524,000 effective January 31, 2012. The statute requires adjustment of the cap on January 31, 2012 and on January 31st every other year thereafter.

5/31:
Effective May 31, 2012 a new form of Income Deduction Order known as an Income Withholding Order ("IWO") was adopted by the Federal Office of Management and Budget on a mandatory basis. The NYS Office of Temporary and Disability Assistance ("OTDA") created a special version of this form for use in New York State. The new form was adopted for use in NYS Supreme Courts by Administrative Order of the Chief Administrative Judge dated June 22, 2012. It instructs employers to reject Income Withholding Orders not on the new form.

To coincide with the date that the new IWO form was adopted for use in NYS Supreme Courts, a new website for Child Support Resources was posted on the UCS Divorce Resources website. The new website makes clear that the Court must issue an immediate Income Deduction Order in every case where the Court orders child or spousal support or combined child and spousal support with two exceptions.

9/20:
The OTDA made some important changes regarding the IWO for use in New York State, making necessary the further revision of this form. By Administrative Order dated September 20, 2012, a new IWO form for spousal support only was adopted. Also adopted was a new IWO form for child support or combined child and spousal support.

10/31:
On October 31, 2012, New York State Department of State launched its new Address Confidentiality program adopted as Chapter 502 of the Laws of 2011, making the Secretary of State Agent for Service and provides eligible victims of domestic violence with a substitute mailing address which may be used for court and government records.

12/4:
On December 4, 2012, by Administrative Order 524/12 the Administrative Board adopted an amendment to Court Rule NYCRR 202.16a to clarify that failure to comply with the automatic orders may be deemed a contempt of court.

2011

11/11:
Revisions to the Uncontested Divorce Child Support Worksheet (Form UD-8) and Instructions (see p.24) to implement Indigent Non-Custodial Parent Child Support Law

9/11:
Revisions to Uncontested Divorce Forms and Instructions adopted by Administrative Order to implement Marriage Equality Law, including revised RJI Form for Uncontested Divorces (Form UD -13), for use with Matrimonial Addendum (UCS-840) when there are children under 18, and revised Note of Issue for Uncontested Divorces (Form UD-9)

5/11:
RJI Form now required, without fee, for Uncontested Divorces in NYC by Court Rule (NYCRR§202.6(b))

4/11:
Uniform Preliminary Conference Order / Matrimonial PC Order adopted by Court Rule (NYCRR§202.16(f)(2)) for use in Contested Divorces

2010

"No-Fault" Divorce:

There is now a seventh ground for divorce, for proceedings filed on or after October 12, 2010, which does not require the parties to allege fault.
To qualify for a no-fault divorce, one of the parties must have sworn under oath that the relationship between husband and wife has broken down "irretrievably" for a period of at least six months. Also, all ancillary issues relating to finances, and custody and visitation must have been resolved and incorporated in the judgment of divorce.
The Uncontested Divorce Packet now contains the instructions and forms to obtain a "no-fault divorce."

Temporary Spousal Maintenance

When a spouse asks the court for temporary spousal maintenance in a divorce action, the law now requires the Supreme Court to use formula guidelines for determining the award on income up to $500,000.
Requests for temporary spousal maintenance should not be made using the Uncontested Divorce Packet. This packet is designed for requests for final maintenance awards only.
See the new Temporary Maintenance Guidelines Worksheet and Calculator for determining the guideline amounts in cases begun in Supreme Court after October 12, 2010.
If the court lacks enough information about income to apply the formula, the court must award temporary spousal maintenance based on needs or standard of living, whichever is greater.
The court will consider factors rather than the formula with regard to awards on income in excess of $500,000 and whether to follow the formula for temporary maintenance awards that are unjust or inappropriate;

Awards of Post Divorce Final Maintenance

No formula yet! The court will continue to consider standard of living and needs and factors for the time being, but new factors have been added for the court's consideration.
The Law Revision Commission is studying the maintenance laws of New York State with regard to fairness. A final report is due to the Legislature by December 31, 2011.

Counsel and Expert Fees:

The law now requires the court in most cases to grant requests of the spouse with less money for payment of their counsel fees by the spouse with more money at any time from commencement to the end of the action. The burden is now on the "monied spouse" to show why the request of the "non-monied" spouse should not be granted. The court may also award expert fees.
The purpose of the new law is to make sure that the parties are adequately represented.

Modification of Child Support Orders:

The law now allows parties to seek a modification of a child support order upon a showing of a substantial change in circumstances, when three years have passed since the order was entered, or when there has been a change in either party's gross income by fifteen percent (15%) or more.
There are new provisions allowing incarcerated spouses to seek modification of child support orders, except where incarceration is the result of failure to pay child support, or an offense against the custodial parent, or the child whose support is involved.