1 2 3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF --------------------------------------------------------------------X Plaintiff, -againstIndex No.: AFFIDAVIT OF PLAINTIFF 4 Defendant. --------------------------------------------------------------------X } STATE OF ss: COUNTY OF } ______________________________ being duly sworn, says: 1. The Plaintiff's address is and social security number is , . The Defendant's address is , and social security number is . 5 6 7 8 2. A) The Defendant has resided in New York State for a continuous period of at least Plaintiff two years immediately preceding the commencement of this divorce action. ================================OR=============================== B) The Plaintiff Defendant resided in New York State on the date of commencement of this divorce action and for a continuous period of one year immediately preceding the commencement of this divorce action. AND: a. the parties were married in New York State. or b. the parties have resided as married persons in New York State. ================================OR================================ C) The cause of action occurred in New York State and Defendant resided in New Plaintiff York State for a continuous period of at least one year immediately preceding the commencement of this divorce action. ================================OR================================ D) The cause of action occurred in New York State and both parties were residents at the time of commencement of this divorce action. (Form UD-6 Rev. 1/25/16) American LegalNet, Inc. www.FormsWorkFlow.com 9 3. 10 G G G I married the Defendant on ____________________, in the City, Town or Village of _____________, County of _______________, State or Country of ________________. The marriage was not performed by a clergyman, minister or by a leader of the Society for Ethical Culture. (If the word "not" is deleted, check one of the following below:) To the best of my knowledge I have taken all steps solely within my power to remove any barrier to the Defendant's remarriage. OR I will take prior to the entry of final judgment all steps solely within my power to the best of my knowledge to remove any barrier to the Defendant's remarriage. OR The Defendant has waived in writing the requirements of DRL §253 (Barriers to Remarriage). 11 4. There is (are) _____ child(ren) of the marriage under the age of 21 (see definition on page 7 of the Instructions) Name & Social Security Number _______________________________________ _______________________________________ _______________________________________ Date of Birth _______________ _______________ _______________ The present address of each minor child of the marriage under the age of 18 (see definition on page 7 of the Instructions) and all other places where each child has lived within the last five (5) years is as follows: Child Present Address ___________________ ________________________________________________ ___________________ ________________________________________________ ___________________ ________________________________________________ Child ___________________ ___________________ ___________________ Other Address Within Last 5 years ________________________________________________ ________________________________________________ ________________________________________________ The name(s) and present address(es) of the person(s) with whom each minor child of the marriage under the age of 18 (see definition on page 7 of the Instructions) has lived within the last five (5) years is: ___________________ ________________________________________________ ___________________ ________________________________________________ ___________________ ________________________________________________ (Form UD-6 Rev. 1/25/16) American LegalNet, Inc. www.FormsWorkFlow.com 12 I have participated in other litigation concerning the custody of the minor child(ren) of the marriage (see definition on page 7 of the Instructions) in this or another state. Yes G No G I have information of a custody proceeding concerning the minor child(ren)of the marriage (see definition on page 7 of the Instructions) pending in a court of this or another state. Yes G No G I know of a person who is not a party to this proceeding who has physical custody of the minor child(ren) of the marriage (see definition on page 7 of the Instructions) or claims to have custody or visitation rights with respect to such child(ren). Yes G No G 13 The parties are covered by the following group health plans: Plaintiff Group Health Plan: Address: Identification Number: Plan Administrator: Type of Coverage: OR G Not Applicable. G No health plans are available to the parties through their employment Defendant Group Health Plan: Address: Identification Number: Plan Administrator: Type of Coverage: 14 5. The grounds for dissolution of the marriage are as follows: Cruel and Inhuman Treatment (DRL §170(1)): G At the following times Defendant committed the following act(s) which endangered the Plaintiff's physical or mental well being and rendered it unsafe or improper for Plaintiff to continue to reside with Defendant. (State the facts that demonstrate cruel and inhuman conduct giving dates, places and specific acts. Conduct may include physical, verbal, sexual or emotional behavior.) (Attach an additional sheet, if necessary) (Form UD-6 Rev. 1/25/16) American LegalNet, Inc. www.FormsWorkFlow.com 14 continued Abandonment (DRL 170(2): G That commencing on or about , and continuing for a period of more than one (1) year immediately prior to commencement of this action, the Defendant left the marital residence of the parties located at , and did not return. Such absence was without cause or justification, and was without Plaintiff's consent. G That commencing on or about , and continuing for a period of more than one (1) year immediately prior to commencement of this action, the Defendant refused to have sexual relations with the Plaintiff despite Plaintiff's repeated requests to resume such relations. Defendant does not suffer from any disability which would prevent her / him from engaging in such sexual relations with Plaintiff. The refusal to engage in sexual relations was without good cause or justification and occurred at the marital residence located at . G That commencing on or about the , and continuing for a period of more than one (1) year immediately prior to commencement of this action, the Defendant willfully and without cau