After you have completed Steps 1-7, you are ready to place your case on the court’s calendar. If Defendant consents to the action by signing the Affidavit of Defendant (Form UD-7), you may immediately put your case on the court’s calendar. 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 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 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 unemancipated children of the marriage. Form UD-8(2) (Maintenance Guidelines Worksheet) need not be completed or filed or if neither party seeks maintenance as a payee under the Maintenance Guidelines Law. Form UD-8(1) (Annual Income Worksheet) is not required if neither party seeks care or child support.
STEP 9: You also must complete the Request for Judicial Intervention (Form UD-13) and, if there are children under the age of 18 who are subject to the matrimonial action, the Addendum Form 840M.
STEP 10: You also must complete the Certificate of Dissolution of Marriage, the postcard, and, where applicable, the UCS 111 (Divorce and Child Support Summary Form). If a party is requesting child support payable to a person or entity other than a child support collection unit, the party must complete, as well, the New York State Case Registry Form.
STEP 11: You must file the completed forms, including a copy of the Summons With Notice or the Summons and Verified Complaint, with the County Clerk’s Office. Include three (3) copies of the Note of Issue (Form UD-9).
STEP 12: Unless you are granted a poor person’s waiver, you must pay a filing fee for filing the Note of Issue (Form UD-9) and the Request for Judicial Intervention (Form UD-13).
All of the papers filed with the County Clerk’s Office will be submitted to the judge. If the papers are approved, the judge will sign the Judgment of Divorce (Form UD-11).
If you ask for maintenance, custody, visitation, or distribution of property, the court may require a hearing, even if there is a prior court order or a previous agreement between you and your spouse. If there is no last court order or agreement, you and your spouse can try to settle these issues by signing a written agreement. Still, any agreement with your spouse is subject to judicial approval before the court issuing a Judgment or an order incorporating the parties’ agreement. Before deciding on acceptance of the agreement, the court may also require a hearing. The court will notify you and your spouse to appear if a hearing is required.
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