Which Paper Starts a Divorce in New York?
New York does not call the opening paper an Original Petition for Divorce, the term used in some other states. In a traditional action, the person filing is the Plaintiff, and the other spouse is the Defendant. The Plaintiff generally begins the case by filing either a Summons with Notice or a Summons accompanied by a Verified Complaint.
The opening paper puts the court and defendant on notice that the plaintiff seeks a divorce. It must identify the parties and support the claim that a New York Supreme Court may hear the action. The Plaintiff buys an index number through the County Clerk, then uses that number on the papers filed or served in the case.
Choosing the correct document matters because service, response, and later judgment filings follow from the initial action. An online file labeled “divorce petition” is not a substitute for the state’s own approved summons or complaint. The court publishes the blank UD-series forms for the ordinary uncontested procedure.
New York also has an Uncontested Joint Divorce program for eligible agreeing spouses. It uses separate forms and a different filing structure, so it should not be treated as another type of UD-1 summons.
Summons With Notice vs. Summons and Verified Complaint
The central choice is the amount of information in the opening papers. A Summons with Notice identifies the nature of the divorce action and gives notice of the relief sought. A Summons plus Verified Complaint includes a separate complaint setting out the pleaded facts and requested divorce relief.
| Starting option | Forms | What it includes |
|---|---|---|
| Summons with Notice | UD-1 | The summons and notice of the divorce action and requested relief |
| Summons with Verified Complaint | UD-1a and UD-2 | A summons plus a complaint stating the relevant facts and requests |
| Uncontested Joint Divorce | Approved JD-series forms | A separate filing by spouses together, not a standard one-spouse summons |
The choice is not a shortcut to avoiding the later packet. In a traditional uncontested case, the court still needs the correct affirmations, notices, proof of service or defendant participation, financial materials when applicable, and the proposed judgment papers.
If the Plaintiff uses a Verified Complaint, the facts entered must match the actual circumstances, including the residence and grounds allegations. Copying another person’s complaint is risky because even a seemingly routine residency sentence can select the wrong legal path.
The joint packet belongs to a different process. The New York Courts website says it uses approved papers currently in effect, and it cannot be selected after the spouses have already commenced an ordinary action with a summons.
What Goes in the Summons With Notice (UD-1)?
The Summons with Notice begins a traditional divorce without a separate Verified Complaint at the opening stage. The form identifies the Plaintiff and Defendant, the Supreme Court and county, and the notice of the relief requested. The Plaintiff must use the current official form and follow the booklet’s instructions for completing it.
The notice matters because it tells the Defendant what the lawsuit asks the court to grant. It should not be treated as a generic cover sheet that can be filled in without considering the requested divorce ground and related issues. An error here may cause confusion later when the judgment packet describes relief that differs from the original notice.
The name and address details also need care. Some cases involve safety or confidentiality concerns, and those circumstances call for appropriate legal guidance rather than putting sensitive details into an unsuitable public-facing example. Keep the court copy consistent with all supporting documents.
After the County Clerk assigns the index number, it must appear on copies where required. The summons is then handled under the applicable service or defendant-consent procedure. Filling out UD-1 by itself does not finish the divorce.
What Is the Verified Complaint (UD-2)?
The Verified Complaint is a more detailed pleading about the marriage, the basis for New York jurisdiction, the grounds for divorce, and the relief sought. It accompanies the Summons (UD-1a) when that is the opening method used. New York’s current uncontested packet includes the form and instructions.
Residency deserves particular attention. Domestic Relations Law §230 recognizes multiple ways to qualify: a 2-year residence path, several 1-year paths based on a connection to New York, and a path when both spouses currently reside in the state and the grounds arose there. The Plaintiff should not check a residency statement merely because a spouse has a New York mailing address.
For the commonly used no-fault ground, the complaint also needs the appropriate allegation of irretrievable relationship breakdown lasting at least 6 months. That does not create a requirement to live at separate addresses for those 6 months. Financial and child-related matters still have to be resolved or decided before judgment.
Verification and signature requirements should follow the instructions printed on the current form. New York’s rules on affirmations and notarization have changed, so older advice that every part of a packet necessarily needs a notary should not be applied automatically.
How to File the Opening Divorce Papers
The usual traditional process starts with checking residency and grounds, completing the summons option, and filing the papers with the County Clerk for the appropriate Supreme Court county. The opening filing receives an index number after the fee is paid or a fee waiver is granted.
- Check which New York residency path and legal ground fit the case.
- Choose either UD-1 or the UD-1a and UD-2 combination for the traditional route.
- Prepare the required notices, including automatic orders and health coverage information.
- File the opening documents and obtain the index number through the County Clerk.
- Arrange proper service or use the court-approved consent procedure that applies.
- Keep dated copies and the service or defendant affirmation for the later packet.
The published index-number fee is $210. New York Courts states that the basic uncontested divorce court fees total at least $335 after the later submission stage. If the case includes a filed settlement agreement, an additional charge may apply. The court provides fee-waiver procedures for eligible applicants.
Some counties allow appropriate matrimonial documents through NYSCEF, but electronic filing is not identical everywhere. Contact the relevant clerk or check the authorized county list before trying to replace an in-person or paper filing with a website upload.
What Happens After the Summons Is Filed?
In a standard case, the Defendant must receive notice through the procedure required by New York law. The court generally requires the summons to be served within 120 days after the opening papers are filed. If the Defendant agrees and signs the applicable affirmation, the case may proceed toward the uncontested calendar without awaiting a default.
When service is made in New York, the court describes a 20-day defendant response period. For out-of-state service, the ordinary response period is 30 days. No response may lead to a default route, but the later calendar submission follows the court’s own timing rules. A Defendant who contests relief may require a different litigation procedure.
The Plaintiff then works on the uncontested judgment packet, not another opening summons. Documents can include the Note of Issue (UD-9), Findings of Fact and Conclusions of Law (UD-10), proposed Judgment of Divorce (UD-11), and other required forms. The judge’s signature and County Clerk’s entry complete the judgment stage.
If a couple wants to use the joint filing option, they need to make that decision before opening a traditional case. The approved joint documents replace the one-spouse commencement process rather than being attached to a filed summons.
Frequently Asked Questions
What form starts a divorce case in New York?
A traditional New York divorce generally begins with a Summons with Notice (UD-1), or a Summons (UD-1a) and Verified Complaint (UD-2). The Plaintiff files the opening documents through the County Clerk in a Supreme Court divorce action. New York also offers a separate Uncontested Joint Divorce process using approved JD-series forms for eligible spouses who file together. Do not substitute a generic form named “Original Petition” from another state.
Do I need both UD-1 and UD-2 for a New York divorce?
Not as the standard opening pair. UD-1 is the Summons with Notice option. The separate Summons (UD-1a) is used with the Verified Complaint (UD-2) when the complaint route is chosen. The court’s official uncontested packet explains the permitted options and what must be filed later for judgment. Read the newest forms rather than assuming the paperwork used by a friend or from an older guide is the right set.
What is the difference between a summons and a verified complaint?
The summons calls the Defendant into the divorce action and identifies the proceeding and relief sought. The Verified Complaint is a separate pleading that states relevant jurisdiction, marriage, grounds, and other allegations. A Summons with Notice combines the summons with notice of the requested relief, while the Summons and Verified Complaint route includes a detailed complaint. Both are opening methods, not the complete judgment packet.
How much does it cost to file a Summons for Divorce in New York?
New York Courts lists a $210 fee to purchase the index number that opens the Supreme Court divorce action. The basic court fees for a standard uncontested divorce are at least $335 when later required filing charges are included. These amounts exclude optional paid preparation, service, notary, mailing, and copy costs. A court may grant a fee waiver if the applicant qualifies. Check your county’s current schedule.
Do I need to serve the summons on my spouse?
A traditional divorce action requires the Defendant to receive proper notice, and New York Courts explains the methods that apply to consenting and nonconsenting defendants. Personal service through a qualified adult is the ordinary method when an appropriate signed agreement to accept the papers is not provided. The Plaintiff generally has 120 days after filing to cause service. The separate joint-divorce procedure does not use the standard one-spouse service process.
Can I begin a New York divorce electronically?
NYSCEF electronic filing is available for some matrimonial cases in authorized New York counties. Availability and consent procedures vary, so the relevant county list and clerk instructions must be checked first. Completing a commercial divorce questionnaire online does not mean you have filed with Supreme Court. The filing occurs through the authorized court method and includes any required fees, signatures, notices, and later service.
Can we change to a joint divorce after filing a summons?
New York Courts says the Uncontested Joint Divorce program is unavailable once a traditional action has been commenced by filing a summons or summons and complaint. Eligible spouses who wish to file together should review the joint program before buying an index number and submitting the opening papers. The joint procedure also relies on the no-fault ground and requires its own currently approved forms, including a with-children packet where appropriate.