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The NY UD 2 Verified Complaint form serves as a crucial document for individuals seeking a divorce in New York State. This form outlines essential details that establish jurisdiction, ensuring that the court has the authority to hear the case. It requires the plaintiff to confirm that both parties are over 18 years old and have met specific residency requirements, such as living in New York for a continuous period of at least one or two years before filing. The form also addresses the circumstances of the marriage, including the date and location of the wedding, and whether any barriers to remarriage exist. Additionally, it prompts the plaintiff to provide information about any children from the marriage, including their names and dates of birth. The grounds for divorce must be clearly stated, with options ranging from cruel and inhuman treatment to abandonment or irretrievable breakdown of the relationship. Each ground requires specific details and facts to support the claim, ensuring that the court has a comprehensive understanding of the situation. Finally, the form concludes with a request for judgment, which may include the dissolution of the marriage and any ancillary relief, such as property distribution or maintenance requests. By carefully completing this form, individuals can navigate the complexities of divorce proceedings with clarity and purpose.

Similar forms

The NY UD 2 Verified Complaint form is an important document in divorce proceedings. It shares similarities with several other legal documents that are often used in family law cases. Below is a list of eight such documents, along with an explanation of how they are similar to the NY UD 2 Verified Complaint form.

  • Divorce Petition: Like the NY UD 2 Verified Complaint, a divorce petition initiates the divorce process and outlines the grounds for divorce. Both documents require specific information about the marriage and the parties involved.
  • Separation Agreement: This document details the terms agreed upon by both spouses regarding the division of assets, child custody, and support. Similar to the NY UD 2 Verified Complaint, it formalizes the intentions of the parties in writing.
  • Child Custody Agreement: This agreement outlines how custody and visitation will be handled for children involved in a divorce. It is similar to the NY UD 2 Verified Complaint in that it addresses the welfare of children and requires clear information about their living arrangements.
  • Financial Disclosure Statement: This document provides a comprehensive overview of each party's financial situation. Like the NY UD 2 Verified Complaint, it is crucial for ensuring transparency and fairness during divorce proceedings.
  • Motion for Temporary Orders: This document requests immediate relief, such as temporary custody or support, while the divorce is pending. It shares the same goal as the NY UD 2 Verified Complaint: to protect the interests of the parties involved.
  • Affidavit of Service: This document confirms that the divorce papers have been properly delivered to the other party. It is similar to the NY UD 2 Verified Complaint in that both are essential for ensuring that all legal procedures are followed correctly.
  • Response to Complaint: This document is filed by the defendant in response to the plaintiff's complaint. Like the NY UD 2 Verified Complaint, it addresses the claims made and provides the defendant's perspective on the issues at hand.
  • Judgment of Divorce: This final document concludes the divorce process, outlining the terms agreed upon by both parties or ordered by the court. It is similar to the NY UD 2 Verified Complaint in that it reflects the outcomes of the proceedings initiated by the complaint.

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SUPREME COURT OF THE STATE OF NEW YORK

1COUNTY OF

2 3 --------------------------------------------------------------------

X

Index No.:

 

 

Plaintiff,

-against-

VERIFIED COMPLAINT

ACTION FOR DIVORCE

4

Defendant.

-------------------------------------------------------------------X

5FIRST:

Plaintiff herein / by _________________________, complaining of the Defendant, alleges

that the parties are over the age of 18 years and;

6SECOND:

A)

The

Plaintiff

has resided in New York State for a continuous period of at least two

Defendant

years immediately preceding the commencement of this divorce action.

================================OR================================

B) The

Plaintiff

resided in New York State on the date of commencement of this

 

Defendant

 

divorce action and for a continuous period of one year immediately preceding the commencement of this divorce action

AND:

a.the parties were married in New York State. or

b.the parties have resided as married people in New York State.

================================OR================================

C)

The cause of action occurred in New York State and

Plaintiff

resided in New York

Defendant

State for a continuous period of at least one year immediately preceding the commencement of this divorce action.

================================OR================================

D)The cause of action occurred in New York State and both parties were residents at the time of commencement of this divorce action.

7THIRD: The Plaintiff and the Defendant were married on

in (city, town or village; and state or country)

 

 

.

(Form UD-2 Rev. 1/25/16)

8The marriage was not performed by a clergyman, minister or by a leader of the Society for Ethical Culture.

(If the word “not” is deleted above check the appropriate box below).

To the best of my knowledge I have taken all steps solely within my power to remove any barrier

to the Defendant’s remarriage.

OR

I will take prior to the entry of final judgment all steps solely within my power to the best of my

knowledge to remove any barrier to the Defendant’s remarriage.

OR

The Defendant has waived in writing the requirements of DRL §253 (Barriers to Remarriage).

9FOURTH: There are no children of the marriage (see definition on p.7 of Instructions)

OR

There is (are) _________ child(ren) of the marriage (see definitions on p.7 of

Instructions), namely:

 

Name

Date of Birth

Address

 

____________________________

___________

___________________________

 

____________________________

___________

___________________________

 

____________________________

___________

___________________________

 

____________________________

___________

___________________________

 

____________________________

___________

___________________________

10

The Plaintiff resides at

 

 

 

.

 

The Defendant resides at

 

 

 

.

11The parties are covered by the following group health plans:

Plaintiff

 

Defendant

 

Group Health Plan:

 

Group Health Plan:

 

Address:

 

 

 

Address:

 

 

 

Identification Number:

 

Identification Number:

 

Plan Administrator:

 

 

Plan Administrator:

 

 

Type of Coverage:

 

 

 

Type of Coverage:

 

 

 

12FIFTH: The grounds for divorce that are alleged as follows:

Cruel and Inhuman Treatment (DRL §170(1)):

At the following times Defendant committed the following act(s) which endangered the Plaintiff’s physical or mental well being and rendered it unsafe or improper for Plaintiff to continue to reside with Defendant.

(State the facts that demonstrate cruel and inhuman conduct giving dates, places and specific acts. Conduct may include physical, verbal, sexual or emotional behavior.)

(Attach an additional sheet, if necessary).

(Form UD-2 Rev. 1/25/16)

Abandonment (DRL 170(2)):

 

 

 

 

 

That commencing on or about

 

 

, and continuing for a period of more than one (1)

 

year immediately prior to commencement of this action, the Defendant left the marital residence of the

 

parties located at

 

 

 

 

 

, and did not return.

 

Such absence was without cause or justification, and was without Plaintiff’s consent.

That commencing on or about

 

 

 

, and continuing for a period of more than one (1)

 

year immediately prior to commencement of this action, the Defendant refused to have sexual relations

 

with the Plaintiff despite Plaintiff’s repeated requests to resume such relations. Defendant does not

 

suffer from any disability which would prevent

her / him from engaging in such sexual relations

 

with Plaintiff. The refusal to engage in sexual relations was without good cause or justification and

 

occurred at the marital residence located at

 

 

.

That commencing on or about

 

 

, and continuing for a period of more than one (1)

 

year immediately prior to commencement of this action, the Defendant willfully and without cause or

 

justification abandoned the Plaintiff, who had been a faithful and dutiful spouse, by depriving Plaintiff

 

of access to the marital residence located at

 

 

 

 

. This

deprivation of access was without the consent of the Plaintiff and continued for a period of greater than one year.

Imprisonment (DRL §170(3)):

That after the marriage of Plaintiff and Defendant, Defendant was confined in prison for a period

of three or more consecutive years, to wit: that Defendant is/was confined in prison on the

 

Name of correctional facility

 

 

 

______day of ___________,____, and

 

remained confined until the

 

Month

Year

OR remains confined to this date.

______day of_____________,____;

 

Month

Year

 

 

Adultery (DRL §170(4)):

That on the___ day of___________,____, at ______________________________

Month

Year

Location

the Defendant voluntarily committed of an act of sexual or deviate sexual intercourse with a person other than the Plaintiff after the marriage of Plaintiff and Defendant.

Living Separate and Apart Pursuant to a Separation Decree or Judgment of Separation(DRL §170(5)):

(a)

That the

 

Court,

 

 

County,

 

(Country or State)

 

 

rendered a decree or judgment of separation

on

 

, under Index

 

 

Number

 

; and

 

 

 

 

 

 

(b)that the parties have lived separate and apart for a period of one year or longer after the granting of such decree; and

(c)that the Plaintiff has substantially complied with all the terms and conditions of such decree or judgment.

(Form UD-2 Rev. 1/25/16)

Living Separate and Apart Pursuant to a Separation Agreement (DRL §170(6)):

(a) That the Plaintiff and Defendant entered into a written agreement of separation, which they

 

subscribed and acknowledged on

 

, in the form required to entitle a deed

 

to be recorded; and

 

 

 

 

 

(b)

that the agreement / memorandum of said agreement was filed on

 

in the Office of the Clerk of the County of

 

, wherein

Plaintiff / Defendant

 

resided; and

 

 

 

 

(c)that the parties have lived separate and apart for a period of one year or longer after the execution of said agreement; and

(d)that the Plaintiff has substantially complied with all terms and conditions of such agreement.

Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)):

That the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months.

13SIXTH: There is no judgment of divorce and no other matrimonial action between the parties pending in this court or in any other court of competent jurisdiction.

(Form UD-2 Rev. 1/25/16)

WHEREFORE, Plaintiff demands judgment against the Defendant as follows:

A judgment dissolving the marriage between the parties

AND

14The nature of any ancillary or additional relief requested (see p.16 of Instructions) is:

___________________________________________________________________________

___________________________________________________________________________

Additional page describing ancillary relief requested is attached;

Marital property to be distributed pursuant to separation agreement/stipulation;

I waive distribution of Marital property;

For divorces commenced on or after 1/25/16 only:I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the “Notice”) other than what was already agreed to in a written agreement/stipulation ; OR I seek maintenance as payee, as described in the Notice.

NONE - I am not requesting any ancillary relief; AND any other relief the court deems fit and proper

15Dated:

16

Plaintiff

 

Attorney(s) for Plaintiff

Address:

17STATE OF NEW YORK, COUNTY OF _________________ ss:

I(Print Name), am the Plaintiff in the within action for a

divorce. I have read the foregoing complaint and know the contents thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true.

Subscribed and Sworn to

 

before me on

______________________________

_____________________

Plaintiff’s Signature

NOTARY PUBLIC

(Form UD-2 Rev. 1/25/16)

Common mistakes

Filling out the NY UD 2 Verified Complaint form can be challenging. One common mistake is failing to provide complete information about residency. It is important to clearly state how long both parties have lived in New York. Incomplete residency information may lead to delays or even dismissal of the case.

Another frequent error involves the marriage details. Many people forget to include the exact date and location of the marriage. This information is crucial, as it establishes the legal basis for the divorce. Without this, the court may not have enough context to proceed.

Some individuals neglect to check the appropriate boxes regarding children. It is essential to accurately indicate whether there are children involved in the marriage. If children exist, their names and birthdates must be included. Omitting this information can complicate custody and support issues later on.

Additionally, people often misstate the grounds for divorce. Each ground has specific requirements that must be met. For instance, if claiming abandonment, it is necessary to provide clear facts and dates. Vague or unclear statements can weaken the case.

Providing insufficient details about the alleged cruel and inhuman treatment is another common mistake. It is important to describe specific incidents, including dates and locations. General statements may not be persuasive to the court.

Some individuals also forget to mention any existing matrimonial actions. The form requires a declaration that no other divorce actions are pending. Failing to disclose this information can lead to complications in the legal process.

Lastly, people sometimes overlook the requirement for additional relief requests. If there are specific requests beyond the divorce itself, these should be clearly outlined. Neglecting to do so can result in missed opportunities for obtaining necessary support or property distribution.

More About Ny Ud 2 Verified Complaint

  1. What is the purpose of the NY UD 2 Verified Complaint form?

    The NY UD 2 Verified Complaint form is a legal document used in New York State to initiate a divorce action. It allows the plaintiff to formally state their case against the defendant, outlining the grounds for divorce and providing necessary information about the marriage, such as residency requirements, children, and any ancillary relief sought. This form ensures that the court has all relevant details to process the divorce effectively.

  2. What are the residency requirements for filing a divorce using the NY UD 2 form?

    To file for divorce in New York using the NY UD 2 form, at least one party must meet specific residency criteria. The options include:

    • Both parties have resided in New York for at least one year before filing, and the marriage took place in New York.
    • One party has lived in New York for at least two years prior to filing.
    • The cause of the divorce occurred in New York, and at least one party has resided there for one year before filing.

    Meeting these residency requirements is essential for the court to have jurisdiction over the case.

  3. What grounds for divorce can be stated in the NY UD 2 form?

    The NY UD 2 form allows the plaintiff to select from several grounds for divorce. Common grounds include:

    • Cruel and Inhuman Treatment: Actions by the defendant that endanger the plaintiff's physical or mental well-being.
    • Abandonment: The defendant's absence from the marital home without consent for over a year.
    • Imprisonment: The defendant's confinement in prison for three or more consecutive years.
    • Adultery: The defendant's engagement in sexual relations with someone other than the plaintiff after marriage.
    • Irretrievable Breakdown: The relationship has irretrievably broken down for at least six months.

    Each ground requires specific facts to be stated clearly in the complaint.

  4. What additional information must be included in the NY UD 2 form?

    Along with the grounds for divorce, the NY UD 2 form requires several other pieces of information:

    • Details about the marriage, including the date and location of the marriage.
    • Information regarding any children from the marriage, including their names and dates of birth.
    • Residences of both parties.
    • Health insurance coverage details for both parties.
    • Any requests for ancillary relief, such as property distribution or maintenance.

    Providing complete and accurate information is crucial to ensure the court can address all relevant aspects of the divorce.

Misconceptions

Here are seven common misconceptions about the NY UD 2 Verified Complaint form:

  • It's only for couples with children. Many people believe that this form is only applicable if there are children involved. However, the form can be used regardless of whether children are part of the marriage.
  • All sections must be filled out completely. Some assume that every section of the form must be filled out. In reality, only the relevant sections need to be completed based on your specific situation.
  • You need a lawyer to file this form. While having legal assistance can be helpful, it is not a requirement. Individuals can fill out and file the form on their own if they choose.
  • The form is the same for all divorce cases. This is not true. The NY UD 2 Verified Complaint form is specifically designed for certain types of divorce actions. Different circumstances may require different forms.
  • Filing the form guarantees a quick divorce. Many think that simply filing the form will lead to a swift resolution. However, the timeline for a divorce can vary significantly based on several factors, including court schedules and the complexity of the case.
  • Once filed, the form cannot be changed. Some people believe that any mistakes made on the form cannot be corrected. In fact, amendments can often be made if necessary, depending on the court's rules.
  • You must provide proof of residency for both parties. While residency is a requirement, you do not need to submit extensive proof with the form itself. A statement affirming residency is usually sufficient.

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Key takeaways

When filling out and using the NY UD-2 Verified Complaint form, there are several important points to keep in mind:

  • Eligibility Requirements: Ensure that at least one party has resided in New York State for the required duration. This could be two years or one year, depending on the circumstances of your marriage and separation.
  • Grounds for Divorce: Clearly state the grounds for divorce. Options include cruel and inhuman treatment, abandonment, imprisonment, adultery, and irretrievable breakdown. Provide specific details and dates for your claims.
  • Children: If there are children from the marriage, include their names and birth dates. If there are no children, indicate this on the form.
  • Marital Property: Specify how you wish to handle marital property. You can request distribution according to a separation agreement or waive your rights to it entirely.
  • Final Steps: Before final judgment, take necessary steps to remove any barriers to the Defendant’s remarriage. This can include obtaining a waiver or confirming that all barriers have been addressed.

Completing the form accurately is crucial for a smooth divorce process. Take your time to review each section and ensure all information is correct and complete.

Ny Ud 2 Verified Complaint: Usage Guide

After completing the NY UD 2 Verified Complaint form, the next step involves filing it with the appropriate court. Ensure that you have all necessary documents ready for submission, including any additional sheets if required. Once filed, you will need to serve the complaint to the defendant according to the court's guidelines.

  1. Begin by entering the name of the county at the top of the form.
  2. Fill in the index number, if applicable, in the designated space.
  3. Identify yourself as the Plaintiff and the other party as the Defendant in the appropriate sections.
  4. State the grounds for your divorce by checking the applicable boxes under the residency requirements. Choose one from options A, B, C, or D.
  5. Provide the date and location of your marriage in the specified section.
  6. Indicate whether the marriage was performed by a clergyman or other authorized person, checking the appropriate box.
  7. Confirm whether there are children from the marriage. If yes, list their names and dates of birth.
  8. Provide the addresses of both the Plaintiff and the Defendant.
  9. List the group health plans for both parties, including identification numbers and types of coverage.
  10. Detail the grounds for divorce in the section provided. Be specific about the incidents that led to your decision.
  11. Confirm that there is no pending matrimonial action between the parties in any court.
  12. State your demands for judgment, including any additional relief you are seeking.
  13. Attach any additional pages if necessary to elaborate on your requests.
  14. Review the completed form for accuracy and completeness before filing.
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