________________________________________________________________________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
________________________________________________________________________________
In the Matter of the Marriage of:
[PETITIONER FULL NAME],
) Index No.: _______________
Plaintiff,
and
[RESPONDENT FULL NAME],
) Filed: _______________
Defendant.
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SUMMONS WITH NOTICE
ACTION FOR DIVORCE (UNCONTESTED)
(IRRETRIEVABLE BREAKDOWN)
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TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the verified complaint (or note of issue)
in this action within TWENTY (20) DAYS after service of this summons, exclusive
of the day of service.
NOTICE IS HEREBY GIVEN that Plaintiff will apply to this Court for the relief
demanded in the complaint, namely: a judgment of divorce dissolving the marriage
between the parties on the grounds that the relationship has broken down
irretrievably.
PLAINTIFF'S VERIFIED COMPLAINT FOR DIVORCE
Plaintiff [FULL NAME], by this verified complaint, respectfully alleges and
demands judgment as follows:
JURISDICTION AND RESIDENCY
- Plaintiff [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,
New York [ZIP], and has been a resident of the State of New York for a
continuous period of at least one (1) year immediately preceding the
commencement of this action, pursuant to N.Y. Dom. Rel. Law § 230.
- Defendant [RESPONDENT FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP].
- This Court has jurisdiction over this matter pursuant to N.Y. Dom. Rel. Law
§ 230, which provides that an action for divorce may be maintained when
"the parties have resided in this state as husband and wife and either party
is a resident thereof when the action is commenced and has been a resident
for a continuous period of one year immediately preceding."
MARRIAGE
- Plaintiff and Defendant were married on [DATE OF MARRIAGE] at [CITY],
[STATE], in a ceremony duly solemnized according to law.
- The parties were married in [CITY], [STATE].
CHILDREN
- [ ] There are NO minor children born of this marriage, and Plaintiff is
not currently pregnant.
[ ] The following minor child(ren) were born of this marriage:
| Name | Date of Birth | Age |
|---|---|---|
| [NAME] | [MM/DD/YYYY] | [AGE] |
- Plaintiff is [pregnant / not pregnant] at this time.
- No other party has custody of any minor child, and no other custody
proceedings are pending in any other court.
GROUNDS FOR DIVORCE — IRRETRIEVABLE BREAKDOWN
- Plaintiff seeks a divorce on the ground that the relationship between husband
and wife has broken down irretrievably for a period of at least six (6) months,
pursuant to N.Y. Dom. Rel. Law § 170(7).
- Under N.Y. Dom. Rel. Law § 170(7), a divorce may be granted when "the
relationship between husband and wife has broken down irretrievably for a
period of at least six months, provided that one party has so stated under
oath."
- The parties' marriage has broken down irretrievably. There is no reasonable
expectation of reconciliation.
- Plaintiff states under oath that the relationship has broken down
irretrievably for at least six months.
PROPERTY AND SUPPORT
- The parties have entered into a Stipulation of Settlement, attached hereto
as Exhibit A, which resolves all issues of property division, maintenance,
and (if applicable) child support.
- Under N.Y. Dom. Rel. Law § 236, the Court may direct either spouse to
provide suitably for the support of the other as justice requires, having
regard to the length of time of the marriage and the ability of each spouse
to be self-supporting.
- All marital property and debt have been divided by agreement of the parties
as set forth in the Stipulation of Settlement.
- [ ] The parties have resolved all economic issues of equitable distribution
of marital property, payment or waiver of spousal support, payment of
child support, payment of counsel and experts' fees, and custody and
visitation with the infant children of the marriage, as required by
N.Y. Dom. Rel. Law § 170(7).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
a) Grant a judgment of divorce dissolving the marriage between the parties on
the ground that the relationship has broken down irretrievably;
b) Approve and incorporate the parties' Stipulation of Settlement into the
Judgment of Divorce;
c) [IF CHILDREN:] Approve and incorporate the parties' Custody and Parenting
Time Agreement into the Judgment;
d) Award costs of this proceeding as the Court deems just;
e) Grant such other and further relief as this Court deems just and proper.
________________________________________________________________________________
VERIFICATION / AFFIRMATION
OPTION A — AFFIRMATION (no notary required; effective January 1, 2024)
Pursuant to CPLR § 2106, as amended effective January 1, 2024, a party
appearing pro se may affirm under the penalties of perjury in lieu of a
sworn oath or notarized affidavit for any court filing.
I, [PETITIONER FULL NAME], affirm under the penalties of perjury that: I am
the Plaintiff in this action; I have read the foregoing verified complaint and
know the contents thereof; the same is true to my knowledge, except as to
matters therein stated to be alleged on information and belief, and as to those
matters I believe it to be true.
The relationship between myself and my spouse has broken down irretrievably
for a period of at least six months.
_________________________________
Signature of Plaintiff
[PETITIONER FULL NAME, printed]
[ADDRESS]
[CITY, STATE, ZIP]
[PHONE NUMBER]
[EMAIL ADDRESS]
Date: _______________
*CPLR § 2106 — The statement of any person wherever made, subscribed and
affirmed by that person to be true under the penalties of perjury, may be
used in an action in the same manner and with the same force and effect as
an affidavit. Effective January 1, 2024, this applies to all court filings.*
OPTION B — Notarized Oath (alternative; either method accepted)
If you prefer notarization, complete the following instead of Option A:
STATE OF NEW YORK
) ss.
COUNTY OF ______________
I, [PETITIONER FULL NAME], being duly sworn, depose and say: I am the Plaintiff
in this action; I have read the foregoing verified complaint and know the
contents thereof; the same is true to my knowledge.
The relationship between myself and my spouse has broken down irretrievably
for a period of at least six months.
_________________________________
Signature of Plaintiff
Sworn to before me this ___ day of _____________, 20___
_________________________________
Notary Public
My Commission Expires: _______________
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FILING INSTRUCTIONS
Court: Supreme Court of the State of New York
(File in the county where Plaintiff resides)
MAJOR NEW YORK COUNTIES:
New York County (Manhattan):
Supreme Court, New York County
60 Centre Street, Room 315
New York, NY 10007
Phone: (646) 386-3030
Hours: Monday-Friday, 9:00 AM - 5:00 PM
Kings County (Brooklyn):
Supreme Court, Kings County
360 Adams Street
Brooklyn, NY 11201
Phone: (347) 296-1000
Queens County:
Supreme Court, Queens County
88-11 Sutphin Boulevard
Jamaica, NY 11435
Phone: (718) 298-1000
Bronx County:
Supreme Court, Bronx County
851 Grand Concourse
Bronx, NY 10451
Phone: (718) 618-1000
Richmond County (Staten Island):
Supreme Court, Richmond County
26 Central Avenue
Staten Island, NY 10301
Phone: (718) 675-8700
Nassau County:
Supreme Court, Nassau County
100 Supreme Court Drive
Mineola, NY 11501
Phone: (516) 493-3400
Suffolk County:
Supreme Court, Suffolk County
1 Court Street
Riverhead, NY 11901
Phone: (631) 852-2300
Westchester County:
Supreme Court, Westchester County
111 Dr. Martin Luther King Jr. Blvd
White Plains, NY 10601
Phone: (914) 824-5600
Erie County (Buffalo):
Supreme Court, Erie County
25 Delaware Avenue
Buffalo, NY 14202
Phone: (716) 845-2600
Monroe County (Rochester):
Supreme Court, Monroe County
99 Exchange Boulevard
Rochester, NY 14614
Phone: (585) 371-3200
Filing Fee: $210 — Index Number fee (MANDATORY — CPLR § 8018(a))
IMPORTANT: You must purchase the Index Number BEFORE filing
any documents. The Index Number is assigned when you pay this
fee and must appear on every document submitted to the court.
The court will not accept filings without a valid Index Number.
Additional fee: $95 for Request for Judicial Intervention (RJI).
Fee Waiver: Request a "Poor Person Application" (also called
an application to proceed as a poor person) from the clerk.
Required Documents: (1) Summons with Notice or Summons and Verified Complaint
(2) Stipulation of Settlement (signed and notarized)
(3) RJI (Request for Judicial Intervention) - $95 fee
(4) Note of Issue (when ready for uncontested calendar)
(5) Affidavit of Regularity / Affidavit of Plaintiff
(6) Proposed Judgment of Divorce
(7) Proof of residency
Waiting Period: No mandatory waiting period for filing. The 6-month period
for irretrievable breakdown must have occurred BEFORE filing.
Service: Defendant must be served within 120 days of filing.
Options: personal service, service by mail with acknowledgment.
Copies: Bring original + 2 copies (one for Defendant, one for yourself).
Uncontested Calendar: After filing RJI and Note of Issue, the case will be
placed on the uncontested divorce calendar. Both parties may
be required to appear or submit affidavits.
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