Form Ud 7 – Fill Out and Use This PDF

Write the county after COUNTY OF, the Plaintiff and the Defendant, and the number after Index No.

Fill in STATE OF, COUNTY OF, I, and reside at; I am the Defendant in this divorce action, over 18 years old.

At 1, check Summons with Notice OR Summons and Complaint, and fill in ___/___/20___ for I admit service.

Insert the grounds alleged in the Summons with notice or Complaint: DRL §170(1) Cruel and inhuman treatment, DRL §170(2) Abandonment, DRL §170(3) Confinement in prison, DRL §170(4) Adultery, DRL §170(5) Living apart six months or more after separation decree or judgment of separation, DRL §170(6) Living apart six months or more after execution of a separation agreement, DRL §170(7) Irretrievable breakdown in relationship (see Defendant's Affirmation Notes).

I also admit service of Notice of Automatic Orders, and, if the divorce was commenced on or after 1/25/2016, Notice of Guideline Maintenance, and those forms checked: Notice Concerning Continuation of Health Care Coverage, Other.

At 3, check I am not a member of the military service of this state, any other state of this nation. OR check I am in the military. I am aware of my rights under New York State Soldiers' and Sailors' Civil Relief Act; however, I consent that this matter be placed on the Uncontested Matrimonial calendar and waive any rights I have under the Act.

Check 4a, I waive service of all further papers in this action except for a copy of the final Judgment of Divorce. OR check 4b, I request service of Note of Issue, Request for Judicial Intervention, Sworn Statement of Removal of Barriers to Remarriage, Proposed Judgment of Divorce, Proposed Finding of Facts and Conclusion of Law, Notice of Settlement, Qualified Medical Child Support Order, and any other proposed orders.

At 5b, for divorces commenced on or after 1/25/16 only, check (i) I am not seeking maintenance as payee as described in the Notice of Guideline (the “Notice”) other than what was already agreed to in a written Agreement/Stipulation; OR (ii) I seek maintenance as a payee, as described in the Notice. You must fill out and file with the court the Annual Income Statement (Form UD-8(1)) and a Maintenance Guidelines Worksheet (Form UD-8(2)) if you check box (ii).

At 6b, check I waive the requirements of DRL §253 subdivisions (2), (3), and (4).

At 7, under Child Support (if applicable), check custodial or non-custodial parent of the unemancipated child(ren) of the marriage entitled to receive child support pursuant to DRL §236(b)(7)(b).

AND check (1) I request child support services through the Support Collection Unit (SCU) which would authorize collection of the support obligation by the immediate insurance of an income execution for support enforcement. OR (2) I am in receipt of such services through the Support Collection Unit. OR (3) I have applied for such services through the Support Collection Unit. OR (4) I am aware of but declined such services through Support Collection Unit at this time.

You are aware that an income deduction order (also known as an Income Withholding Order/Notice for Support) may be issued pursuant to CPLR §5242(c) without other child support enforcement services and that payment of an administrative fee may be required.

If (1) is selected, this Affirmation or another signed application for child support services such as the Short Form Application for Child Support Services or the LDSS-5143, together with a copy of the completed Support Collection Unit Information Sheet (Form UD-8a) and a copy of the signed Judgment of Divorce (UD-11) must be provided to the local Support Collection Unit in the County where the Defendant resides within 20 days after entry of the Judgment of Divorce.

Under Records Checking Requirements pursuant to DRL § 240 (1) (a-1), check An Order of Protection has been OR has never been issued against me, enjoining me or requiring my compliance; and check An Order of Protection has OR has never been issued in favor of or protecting me or my child(ren) or a member of my household.

List all Family/Criminal Court Docket #'s and Counties and Supreme Court Index #'s and Counties. Check I or my child(ren) or my spouse has been named in a Child Abuse/Neglect Proceeding (FCA Art.10), or has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10). Check I am registered under New York State's Sex Offender Registration Act, and list all names and any related information, or I am not registered under New York State's Sex Offender Registration Act.

At 8, if DRL §170 subd. (7) is the ground alleged, then you affirm, by checking the Box A, B, C, or D, that the following statement is true: All economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fee and expenses as well as the custody and visitation with minor children of the marriage: A. have been resolved by the parties and are to be incorporated into the Judgment of Divorce.

If you check A, check by oral Settlement / Stipulation on the record; or by written Settlement / Separation Agreement. Or check B. will be determined by the Court and are to be incorporated into the Judgment of Divorce. Or check C. were determined by Family Court order (custody and visitation or child support and/or spousal support issues only) which will be continued.

Or check D. are not to be incorporated into the Judgment of Divorce, since neither party to the divorce has contested any such issues. If your divorce action was commenced on or after January 25, 2016, check that you acknowledge receipt of the Notice of Guideline Maintenance from the Court pursuant to DRL 236 B (6), Chapter 269 of the Laws of 2015 which was served with the Summons.

Check that you have been provided a copy of Notice Relating to Health Care of the Parties.

Fill in I (print name or type name), affirm this ___ day of ________, 20___, and sign Defendant's Signature. You affirm under penalties of perjury, under the laws of New York, which may include a fine or imprisonment, that foregoing is true, except as to matters alleged on information and belief and as to those matters you believe it to be true, and you understand that this document may be filed in an action or proceeding in a court of law.

If you have been served with a Summons with Notice or a Summons and Complaint in an action for Divorce, ask yourself these two questions: Do I oppose the divorce itself? Do I oppose anything else my spouse is asking for in the divorce papers? If you answered “Yes” to either of the two questions, do not sign this form.