After you have completed Steps 1-7, you are ready to place your case on the court’s calendar. If the Defendant consents to the action by signing the Affidavit of Defendant (Form UD-7), you may place your case on the court’s calendar immediately. Otherwise, you will have to wait until 40 days after the date of the service of the summons.
You must complete the following steps to place your case on the calendar:
STEP 8: You must complete Forms UD-3 through UD-12 (include UD-7 only if signed by the Defendant). Form UD-3 (Affidavit of Service) and Form UD-4 (Sworn Statement of Removal of Barriers to Remarriage) need not be completed, or filed, if the Defendant has signed Form UD-7 (Affidavit of Defendant) and checked Box 6b on the form, Form UD-8(3) Child Support Worksheet, Form UD-8a (Support Collection Unit Information Sheet) and Form UD-8b (Qualified Medical Child Support Order) need not be completed, or filed, if there are no un- emancipated children of the marriage. Form UD-8(2) (Maintenance Guidelines Worksheet) need not be completed or filed or if neither party seeks maintenance as payee under the Maintenance Guidelines Law. Form UD-8(1) (Annual Income Worksheet) is not required if neither party seeks maintenance or child support.
By: Undisputed Legal/Family Court Process Service Department
STEP 1. Prepare an original and two copies of the Summons With Notice (Form UD-1) or the Summons and Verified Complaint (Form UD-1a and Form UD-2).
STEP 2.Purchase an index number at the County Clerk’s Office and file the original of the Summons With Notice or the original of the Summons and Verified Complaint with the County Clerk. Unless you are granted a poor person’s waiver, you will be required to pay $210 for the index number. Check with the County Clerk regarding acceptable forms of payment. Many County Clerks also will require that you fill out an Index Number Application Form at the time of filing, so be sure to bring with you the names, addresses and telephone numbers of all of the attorneys or, if unrepresented, of the parties themselves.
By: Undisputed Legal/Family Court Process Services Department
Usually, the total fees will be approximately $400, as follows:
- Starting the case: It costs $210 to buy a case Index Number at your County Clerk’s Office to start a New York State divorce case.
- Later in the case: Other fees totaling approximately $160 will have to be paid. These additional fees will be described as you follow the steps in this booklet.
- At the end of the case: If the court grants the divorce, several other fees will have to paid for certain legal papers showing that the divorce was approved. These costs vary from county to county, but will roughly total $5-$30.