Form Ud 7 – Fill Out and Use This PDF

SUPREME COURT OF THE STATE OF NEW YORK

1COUNTY OF

	-------------------------------------------------------------------				X
2
3				Plaintiff,	Index No.:
	-against-				AFFIDAVIT OF DEFENDANT
4					IN ACTION FOR DIVORCE
				Defendant.
	------------------------------------------------------------------				X
5	STATE OF			}
				ss:
	COUNTY OF			}
6	______________________________being duly sworn, says:
7	I am the Defendant in the within action for divorce, and I am over the age of 18. I reside at
	_____________________________________________________________________.

81. I admit service of the ‘ Summons with Notice OR ‘ Summons and Complaint

for divorce on _ _ /_ _ / 20 _ _ based upon the following grounds: 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 one year after separation decree or judgment of separation DRL §170(6) living apart one year after execution of a separation agreement

DRL §170(7) irretrievable breakdown in relationship*(see Defendant’s Affidavit Notes)

______________________________________________.

I also admit service of the Notice of Automatic Orders and those of the following forms checked: ‘Notice Concerning Continuation of Health Care Coverage: ‘ other______________________

92. I appear in this action; however, I do not intend to respond to the summons or answer the complaint, and I waive the twenty (20) or thirty (30) day period provided by law to respond to the summons or answer the complaint. I waive the forty (40) day waiting period to place this matter on the calendar, and I hereby consent to this action being placed on the uncontested divorce calendar immediately.

TO THE DEFENDANT:

You should read the Defendant’s Affidavit Notes on the last page of this Affidavit before completing this form. For instructions on how to fill out this form, see p. 20 of the instructions for Uncontested Divorces with Children which may be found at any Supreme Court Clerk’s Office or online at http://www.nycourts.gov/divorce/pdfs/divorce-packet-instructions.pdf

(Form UD-7 Rev. 1/13)

103. ‘ I am not a member of the military service of this state, any other state or this nation

OR

‘If in the military: I am aware of my rights under the 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 may have under the Act.

114a. ‘ I waive the service of all further papers in this action except for a copy of the final Judgment of Divorce.

OR

b. ‘ I request service of the following documents: Note of Issue, Request for Judicial Intervention, Barriers to Remarriage Affidavit, Proposed Judgment of Divorce, Proposed Findings of Facts and Conclusions of Law, Notice of Settlement, Qualified Medical Child

		Support Order, and any other proposed orders.
12	5.	I am not seeking equitable distribution other than what was already agreed to in a written
		stipulation. I understand that I may be prevented from further asserting my right to equitable
		distribution.

136a. I will take or have taken all steps solely within my power to remove any barriers to the Plaintiff’s remarriage.

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

147a. ‘ I am not the custodial parent of the unemancipated child(ren) of the marriage (see definition on page 7 of the Instructions).

OR

b.‘ I am the custodial parent of the unemancipated child(ren) of the marriage (see definition on page 7 of the Instructions) entitled to receive child support pursuant to DRL §236(B)(7)(b),

AND

‘(1) I request child support services through the Support Collection Unit which would authorize collection of the support obligation by the immediate issuance 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 decline such services through the Support Collection Unit at this time. I am 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.

(Form UD-7 Rev. 1/13)

If (1) is selected, a Support Collection Information Sheet (Form UD-8a) must be completed and submitted with your papers.

Pursuant to DRL § 240 1 (a-1) Records Checking Requirements:

‘An Order of Protection ‘ has been ‘ has never been issued against me, enjoining me or requiring my compliance.

‘An Order of Protection ‘ has ‘ 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,	______________________
Supreme Court Index #’s and Counties	______________________

‘I or my child(ren) or my spouse has been named in a Child Abuse/Neglect Proceeding (FCA Art.10)

List all Family Court Docket #’s	______________________
and Counties	______________________

‘I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10)

‘I am registered under New York State’s Sex Offender Registration Act

List all names and any	______________________________________________
related information	______________________________________________

‘I am not registered under New York State’s Sex Offender Registration Act

158. If DRL §170 subd. (7) is the ground alleged, then Defendant hereby affirms, by checking the Box A, B, or C or D below (NOTE: BOX A, B, C or D below must be checked if DRL 170(7) is the ground alleged), 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' fees and expenses as well as the custody and visitation with the minor children of the marriage:

‘A. have been resolved by the parties and are to be incorporated into the Judgment of Divorce.

‘by oral settlement/ stipulation on the record; or

‘by written Settlement/ Separation Agreement

‘B. will be determined by the Court and are to be Incorporated into the Judgment of Divorce.

‘C. were determined by Family Court order (custody and visitation or child support and/ or spousal support issues only) which will be continued.

‘D. are not to be incorporated into the Judgment of Divorce, since neither party to the divorce has contested any such issues.

16	_________________________________
	Defendant’s Signature

Subscribed and Sworn to before me on

__________________

NOTARY PUBLIC

(Form UD-7 Rev. 1/13)