1 2 3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------------X Plaintiff, -againstIndex No.: AFFIDAVIT OF DEFENDANT IN ACTION FOR DIVORCE 4 Defendant. ------------------------------------------------------------------X STATE OF } ss: COUNTY OF } 5 6 7 ______________________________being duly sworn, says: I am the Defendant in the within action for divorce, and I am over the age of 18. I reside at _____________________________________________________________________. 1. 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: G DRL §170(1) G DRL §170(2) G DRL §170(3) G DRL §170(4) G DRL §170(5) G DRL §170(6) G DRL §170(7) cruel and inhuman treatment abandonment confinement in prison adultery living apart one year after separation decree or judgment of separation living apart one year after execution of a separation agreement irretrievable breakdown in relationship*(see Defendant's Affidavit Notes) 8 ______________________________________________. I also admit service of the Notice of Automatic Orders, and, if the divorce was commenced or or after 1/25/16, the Notice of Guideline Maintenance, and those of the following forms checked: G Notice Concerning Continuation of Health Care Coverage: G other______________________ 9 2. 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. 3/1/16) American LegalNet, Inc. www.FormsWorkFlow.com 10 3. G 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. G 11 4a .G I waive the service of all further papers in this action except for a copy of the final Judgment of Divorce. OR b. G 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 5a. 13 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. 5b. For divorces commenced on or after 1/25/16 only: (i) G I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the "Notice") other than what was already agreed to in a written agreement/stipulation ; OR (ii) G I seek maintenance as payee, as described in the Notice . Note: you must fill out and file with the court the Annual Income Statement (FormUD-8(1)) and a Maintenance Guidelines Worksheet (Form UD-8(2) if you check box (ii). 6a. I will take or have taken all steps solely within my power to remove any barriers to the Plaintiff's remarriage. b. G I waive the requirements of DRL § 253 subdivisions (2),(3) and (4). 7a. G 14 I am not the custodial parent of the unemancipated child(ren) of the marriage (see definition on page 7 of the Instructions). OR b. G 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 G (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 G (2) I am in receipt of such services through the Support Collection Unit. OR G (3) I have applied for such services through the Support Collection Unit. OR G (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. 3/1/16) American LegalNet, Inc. www.FormsWorkFlow.com 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: G An Order of Protection G has been G has never been issued against me, enjoining me or requiring my compliance. G An Order of Protection G has G 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 ______________________ G 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 ___________________ ___ G I or my child(ren) or my spouse has never been named in a Child Abuse/Neglect Proceeding (FCA Art.10) G I am registered under New York State's Sex Offender Registration Act List all names and any ______________________________________________ related information ______________________________________________ G I am not registered under New York State's Sex Offender Registration Act 15 8. 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 dist