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New York Divorce

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Divorce Information and Worksheet

Instructions: This worksheet is designed to be used by persons contemplating a divorce. It may also be used by your attorney. Completing this form before your initial interview with your attorney may save you valuable time and money.

Part 1 - Definitions – Terms and Explanations

Definitions – Terms and Explanations

1. Complaint — The pleading used to commence a divorce action that is filed with the court clerk, usually in the county of residence of the parties.

2. Petition — Same as complaint. Some States use the term Petition instead of complaint.

3. Plaintiff / Petitioner — The person who files the complaint. May be called Petitioner if a Petition is used instead of a complaint.

4. Defendant / respondent — The person who the complaint is filed against.

5. Co-Plaintiffs — When both parties sign the complaint in a divorce action it is called a Joint Complaint or Joint Petition.

6. Summons — This is a document signed by the Court Clerk and served on the defendant.

7. Cover Sheet — Some states require a cover sheet to be filed with the complaint, petition or joint complaint.

8. Information Sheet — Same as Cover Sheet.

9. Waiver of Process — In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.

10. Entry of Appearance — The defendant enters his or her appearance in the case and may consent to an entry of divorce.

11. Court Clerk — Courts have clerks who handle the court papers, hearings and other matters.

12. Waiting Period — Some states have a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered.

13. Final Judgment — The form which concludes the divorce is called a final judgment, i.e. Final Judgment of Divorce or Dissolution of Marriage.

14. Dissolution — Some states use the term dissolution of marriage instead of divorce.

15. Declaration — Same as Complaint or Petition.

16. Military Affidavit — States that the defendant is not in active military service.

17. UCJA — Uniform Child Custody Jurisdiction Act.

18. Joint Custody — Some States allow joint custody in certain cases.

19. Physical Custody — The parent that will have physical custody of the children.

20. Legal Custody — Both parents may have joint legal custody.

21. Custodial Parent — Same as parent with physical custody.

22. Non-Custodial Parent — Parent that does not have physical custody.

23. Child Support — Amount of money usually paid to the custodial parent for the maintenance and support of the children.

24. Child Support Factors — Factors used to determine support amount.

25. Child Support Guidelines — Guidelines used by courts in calculating child support.

26. Visitation — Right of the non-custodial parent to visit with the children.

27. Settlement Agreement — Agreement between husband and wife settling all property, child support, custody, and other issues.

28. Residency Requirement — The length of time one or both parties reside in the State before a divorce action may be filed.

29. No-Fault — Uncontested agreed divorce.

30. Contested — Divorce where one party does not consent to the divorce.

31. Jurisdiction — The basis for the Court to hear a case.

32. Venue — The proper county in which to file the divorce.

33. Cooling Off Period — Required time interval between the date of filing and entry of divorce.

34. Financial Statement — Statement of parties’ assets, liabilities, and net worth.

35. Filing Fee — A fee paid at the time of filing of the complaint.

36. Child Support Worksheet — Worksheet used to evaluate child support compliance.

37. Uncontested — Agreed divorce or divorce where defendant does not appear.

38. Separate Property — Property not considered marital property.

39. Marital Property — Property acquired during the marriage.

40. Equitable Distribution — Division of marital property between husband and wife.

41. Joint Property — Property owned by husband and wife equally.

42. Answer — Pleading filed to respond to a divorce complaint.

43. Discovery — Fact-finding process after the divorce complaint has been filed.

44. Interrogatories — Written discovery questions from one party to another.

45. Deposition — Oral questions from one party to another.

46. Request for Admissions — Written questions asking a party to admit truth.

47. Fault Grounds — Basis for divorce, such as adultery.

48. No-Fault Grounds — Basis for divorce where there is no need to prove actual fault.

49. Irreconcilable Differences — A typical no-fault ground for divorce.

50. Irretrievably Broken — Same as irreconcilable differences.

51. Deadlines — Time within which action must be taken.

52. Hearing — Presenting testimony before the judge.

53. Pleading — Documents such as the complaint, answer, etc.

54. Joint Complaint — Complaint filed by both husband and wife.

55. Alimony / spousal support / maintenance — Monetary award for the support of dependent spouse.

Part 2. - Your Personal Information

Personal Information

Your Name:
U.S. Citizen:
Address:
Date of Birth:
Social Security Number:
City:
State:
Zip:

Where do you presently live, if different than address above?

How long have you lived at your present address?

How long did you live at former address, if applicable?

Birth State and County

Have you ever lived in a community property state?

If yes, what state?

Do you have a known future residence address?

If yes, list address:

Education level

Describe your physical condition and any health problems you may have.

Describe any emotional problems you may have.

Employment

Where are you employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Education

Educational Level Degrees

Part 3. - Spouse Personal Information

Personal Information – Spouse

Spouse Name:
U.S. Citizen:
Address:
Date of Birth:
Social Security Number:
City:
State:
Zip:

Where does spouse presently live, if different than address above?

How long has spouse lived at present address?

How long did spouse live at former address, if applicable?

Birth State and County

Has spouse lived in a community property state?

If yes, what state?

Does spouse have a known future residence address?

If yes, list address:

Education level of spouse.

Describe spouse’s physical condition and any health problems he/she may have.

Describe any emotional problems spouse may have.

Spouse Employment

Where is spouse employed?

Position

Address City State Zip

Phone Fax

How long employed at present employer?

Previous employer: Position:

Address City State Zip

Education

Educational Level Degrees

Part 4. - Marriage

Marriage

Place of Marriage

Have you ever been separated from your spouse before?

If yes, please provide dates and details of separation.

Are you now separated from your spouse?

If yes, provide details of separation.

What was date of separation?

Part 5. - Children

Children

Name Date of Birth

Name Date of Birth

Name Date of Birth

In what city and state were the children born?

Has there ever been any prior litigation regarding the custody of the children?

If yes, please explain:

Where do the children reside now?

Are there any special issues or circumstances to be considered regarding the children? (Medical problems, etc.)

If yes, please explain:

Do the parents agree to terms of custody/visitation?

If Yes, please select:

What is address where children presently reside?

Is wife pregnant?

If yes, what is due date?

Do the children have any special medical needs?

If yes, please explain:

Children’s Doctor

Address

City State Zip

Do the children require any special educational needs?

If yes, provide details.

Please provide day care address and how often the children are kept in day care, if applicable.

Part 6. - Prior Marriages

Your Prior Marriages

Name Date of Marriage Date of Divorce County/ State of Divorce

Children from prior marriages?

Name Date of Birth

Do you pay support? If yes, what amount and how paid?

Do you pay alimony? If yes, what amount and how paid?

Your Spouse Prior Marriages

Name Date of Marriage Date of Divorce County/ State of Divorce

Children from prior marriages?

Name Date of Birth

Does spouse pay support? If yes, what amount and how paid?

Does spouse pay alimony? If yes, what amount and how paid?

Part 7. Income

Income of Husband (Monthly)

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Income of Wife (Monthly)

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Monthly Yearly

Part 8. - Monthly Expenses

Monthly Expenses (Average)

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Who Pays Total

Part 9. - Joint Assets

JOINT ASSETS: DESCRIPTION OF JOINT ASSETS

Current Fair Market Value

Total Assets of Husband and Wife (Marital Assets)

Part 10. - Retirement Accounts

Retirement Accounts Account Number Current Fair Market Value

Husband Accounts:

Wife Accounts:

Part 11. - Separate Assets of Husband

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF HUSBAND

Current Fair Market Value

Date Acquired Purchase Price:

Total Assets of Husband

Part 12. - Separate Assets of Wife

ASSETS: DESCRIPTION OF SEPARATE ASSETS OF WIFE

Current Fair Market Value

Total Assets to Wife

Part 13. - Liabilities of Both Husband and Wife

LIABILITIES AND DEBTS: DESCRIPTION OF DEBT(S) OF BOTH HUSBAND AND WIFE

Indicate whether debt is Husband's, Wife's or Both

Mortgages on real estate: (Home) Monthly Payment Current Amount Owed

(Other) Monthly Payment Current Amount Owed

Charge/credit card accounts Monthly Payment Current Amount Owed

Auto loan Monthly Payment Current Amount Owed

Auto loan Monthly Payment Current Amount Owed

Bank/credit union loans Monthly Payment Current Amount Owed

Money you owe (not evidenced by a note) Monthly Payment Current Amount Owed

Judgments Monthly Payment Current Amount Owed

Other Monthly Payment Current Amount Owed

Total Debts and Liabilities of Husband and Wife

Part 14 - Inheritance

Property Acquired by Inheritance

Describe property inherited by husband (please provide dates)

Describe property inherited by wife (please provide dates)

Part 15 - Documents that may be needed, especially if the divorce is contested.

Documents (May be needed)

Federal, State, and Local Tax Returns

Payroll and W2 Forms

Deeds

Business Tax Returns

Mortgages

Leases

Bank Account Records

Stock Certificates

CD’s

Auto Titles

Insurance Petitions

Appraisals

Birth Certificates

INS Documents

Social Security Card

Marriage License

Prior Divorce Documents

Any and all documents relating to income, expenses and assets.

Premarital Agreement, if any, as well as any other written agreements between Husband and Wife

Part 16 - Settlement Worksheet

Property Settlement Agreement Worksheet

Who will receive title to the marital home?

Who will pay monthly payment on marital home?

Who will pay the utilities for the marital home?

What marital assets will husband receive?

What marital assets will wife receive?

Part 17. Typical No Fault Procedures

No Fault Procedures

1. A Complaint, Petition or Joint Complaint is filed in the County of your residence.

2. At the time of filing the complaint a filing fee is paid.

3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons.

4. If a summons is required, the Defendant may file an answer admitting that a divorce should be granted.

5. After the complaint and the waiver or answer are filed, determine how to present a judgment to the court.

6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to present the judgment to the judge.

7. Present the Separation Agreement and Judgment to the Judge.

Part 18 - Witness Testimony

Summary: Some states require actual testimony, even in a no fault divorce.

Witness Testimony – Sample Questions and Answers

1. Please state your name.

Answer:

2. Where do you live (address)?

Answer:

3. How long have you lived there?

Answer:

4. Do you know __________ and __________?

5. How long have you known them?

Answer:

6. Do you know where they live?

Answer:

7. What county and State do they live in?

Answer:

8. How long have they lived there?

Answer:

9. Have you been in their house before?

Answer:

10. How many times?

Answer:

11. To your knowledge, are Husband and Wife now separated?

Answer:

12. Do you know when they separated?

Answer:

13. Do you understand that __________ and __________ are asking the court for a divorce on the grounds of __________?

Answer:

14. Can you tell the court what you know about the parties and the ground they seek to use to obtain a divorce?

Answer:

15. Do you believe the parties are entitled to a divorce on the ground of ________?

Answer:

Part 19. Sample Presentation of Divorce Complaint to Judge – Ex parte, in open Court where no witnesses are required, or before Presenting Witnesses

Sample Presentation of Divorce – No fault No Children

1. Court Clerk, Administrator or Judge calls case and asks if parties are ready.

2. Your Honor, My name is and I am the in this case. I am ready to proceed.

3. Judge advises you to proceed.

4. I am requesting a divorce from on the grounds of .

5. I have filed a Complaint/Petition on with the court clerk.

6. After filing the Complaint, was served with summons or entered a waiver of process and entered an appearance.

7. and I have lived in for prior to filing for divorce.

8. There were no children born to the marriage, none adopted and , wife, is not pregnant.

9. and I have agreed on all terms of the divorce.

10. We have executed and filed a Property Settlement Agreement containing all terms of our agreement to settle the divorce.

11. The agreement basically provides that:

Child Custody and Visitation

Child Support

Alimony

Property Division

Debt Division

12. I am presenting to the Court today a Final Judgment of Divorce which incorporates the terms of our agreement and asking the court to enter same if it is in acceptable form and content.

Part 20 – Complete if Child Custody will be contested

Summary: When custody of the children is contested, the courts look to various factors to determine who best can care for the health, education and welfare of the children.

Child Custody

1. Who helps children with homework?

2. Who takes children to school?

3. Who takes children shopping?

4. Who disciplines the children?

5. Who do the children go to for advice?

6. Who prepares meals for the children?

7. Who reads to the children?

8. Who encourages religious training?

Part 21. – Child support

Summary: Typically, most states have enacted child support guidelines.

Child support worksheets and notes may be entered below.

Part 22. - Visitation

Summary: When minor children are involved in a divorce action, both parents must be mindful of the effects of divorce upon children.

Additional visitation terms and schedules may be entered below.

Visitation schedule by age:

Signature of Husband

Date:

Signature of Wife

Date:

END

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Overview: What a New York divorce filing covers

A New York divorce is the legal process that dissolves a marriage under New York law and resolves related matters such as property division, spousal support, child custody, and child support. Documents commonly include the Summons and Verified Complaint, financial disclosures, settlement agreements, and a proposed Judgment of Divorce. Electronic signatures may apply to many settlement documents under the federal ESIGN Act (15 U.S.C. §7001) and New York’s Electronic Signatures and Records Act (NY Tech Law §301–309), but certain family law decrees and court filings can be excluded from electronic signature acceptance; confirm court rules before e-signing final orders.

Why accurate divorce paperwork matters

Clear, complete New York divorce documents reduce delays, limit disputes, and help courts resolve financial and custody matters correctly. Using compliant electronic workflows preserves intent and an audit trail under ESIGN and NY Tech Law while helping parties exchange sworn financial disclosures and settlement terms securely.

Why accurate divorce paperwork matters

Who commonly prepares and signs New York divorce forms

Typical users include family law attorneys, self-represented litigants, court clerks, and mediators who manage paperwork and signatures.

  • Family law attorneys preparing pleadings, negotiating settlements, and certifying financial affidavits for court submission.
  • Self-represented litigants completing forms, gathering required financial disclosures, and serving documents according to local rules.
  • Court personnel and mediators reviewing filings, confirming compliance with local practice rules, and docketing final judgments.

Each role has different responsibilities for drafting, reviewing, signing, and filing; choose processes that match those responsibilities.

Core components of a professional New York divorce package

A complete filing and settlement package bundles the complaint and process notice with financial statements, any separation agreement, supporting affidavits, and a proposed judgment to enable efficient court review and finalization.

Summons and Complaint

Initiates the action and states grounds for divorce; must meet court format and caption requirements, and include proper counties and parties.

Verified Financial Forms

Sworn financial disclosure (e.g., Income and Expense Affidavit) detailing income, assets, debts, and monthly budgets required for equitable distribution and support determinations.

Settlement Agreement

Mutual agreement addressing property division, support, and parenting time; executed by both parties and attached to proposed judgment for enforcement.

Affidavits and Exhibits

Sworn statements, receipts, appraisal reports, and tax records that substantiate claims about assets, income, or parenting arrangements.

Proposed Judgment

Draft order the court may sign to finalize the divorce; must reflect negotiated terms and statutory requirements for enforceability.

Proof of Service

Documented evidence that papers were served on the other party in compliance with CPLR and local practice rules.

Step-by-step: completing and filing a New York divorce

Follow these sequential steps to prepare, sign, and submit New York divorce paperwork in compliance with court rules.

  • 01
    Gather documents: Collect IDs, financial records, tax returns, and proof of residence.
  • 02
    Complete required forms: Prepare summons, complaint, financial affidavits, and proposed judgment accurately.
  • 03
    File with clerk: Submit papers to the county clerk and pay applicable filing fees or request a fee waiver.
  • 04
    Serve the other party: Serve documents per CPLR rules and file proof of service with the court.

Digital workflow for collecting signatures on divorce documents

A typical e-sign workflow mirrors manual steps but adds secure signature capture and an audit trail accepted under ESIGN and NY Tech Law for many nondispositive documents.

  • Upload documents: Add PDFs or Word files to the signing platform.
  • Place form fields: Insert signature, initial, and date fields in required locations.
  • Add signers: Enter parties’ contact details and signer order if needed.
  • Send for signature: Distribute links or invitations; capture audit trail and timestamps.

Technical considerations for e-signing divorce paperwork

Choose platforms that produce court-ready PDFs, preserve audit trails, and meet applicable compliance standards for confidentiality and authenticity.

  • File formats: PDF and DOCX are widely accepted by courts.
  • Authentication: Email, SMS, or stronger multi-factor methods available.
  • Integrations: Connectors for practice and cloud systems reduce manual steps.

Suggested digital workflow settings for New York divorce forms

Configure a workflow that secures signatures, enforces signing order, and retains an accessible audit trail for court submission.

Field Configuration
Notification Immediate email with signing link and reminders
Authentication Email plus optional SMS code for signer verification
Signing Order Set plaintiff then respondent or simultaneous signing
Retention Store signed PDF and audit trail for required period

Comparing eSignature vendor pricing and key features

Basic pricing and feature availability vary by vendor and plan. signNow is shown first to align with documented plan tiers and usage options across common alternatives.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Trial varies by vendor Trial varies by vendor Trial varies by vendor Trial varies by vendor
Bulk Send Available on paid tiers Available Available Available Limited or not available
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes (BAA available) Yes (BAA available) No No

Risks and penalties from incorrect divorce paperwork

Late Filing: Case delay or missed court dates
Incorrect Service: Judgment may be vacated or set aside
Incomplete Disclosure: Sanctions or adverse financial orders
False Affidavit: Perjury charges or credibility damage
Missing Notarization: Court may refuse certain sworn documents
Improper Signatures: Document invalidation risk

Common preparation mistakes to avoid

  • Failing to attach complete financial exhibits causes discovery delays and can lead to interim orders or additional hearings to compel production.
  • Using inconsistent names or dates across documents creates service and identity verification problems that slow court processing and may require corrected filings.
  • Not following county-specific formatting and caption rules leads to rejected filings or clerk requests for correction, increasing time and expense.
  • Attempting to e-sign court filings without confirming local court acceptance or required notarization can render documents unusable for final judgment.

Security and compliance features to look for

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamped logs with IP and action history
Regulatory Certs: SOC 2 Type II, ISO 27001 available
HIPAA Support: BAA available for protected health information
Legal Compliance: ESIGN and NY Tech Law alignment
Access Controls: Role-based permissions and MFA options

Practical scenarios where structured forms reduce friction

Two illustrative examples show how organized documentation and clear signature workflows simplify case progression and enforcement.

Family Law Practice

Small practice digitized settlement forms to reduce in-person appointments

  • Reduced signer friction across remote clients
  • Resulted in faster finalized judgments and fewer contested discovery disputes by improving disclosure completeness.

County Clerk Office

Clerk accepted standardized PDF submissions for uncontested divorces

  • Implemented a checklist to ensure required exhibits present
  • Resulted in fewer returned filings and faster docketing for simple cases.

Practical tips for accurate and efficient completion

Adopt standard checks and collaborate with opposing counsel to reduce rework and contested motions.

Confirm legal names match identification documents
Compare names on forms against government-issued IDs and prior court records. Inconsistent names can cause service failures, require amended pleadings, or delay hearings, so correct errors before filing.
Provide complete financial exhibits with each disclosure
Attach recent tax returns, pay stubs, bank statements, and appraisals where applicable. Complete substantiation minimizes motions to compel and supports equitable distribution and support calculations.
Check local court formatting and caption requirements
Follow county clerk or family court templates for captions, page limits, and required cover sheets to avoid clerk rejections and wasted filing fees.
Preserve signed originals and a secure copy
Keep notarized originals when required and store certified PDF copies with an audit trail to support enforcement and future litigation needs.

Key milestones in the New York divorce timeline

A typical case follows stages from filing through final judgment; courts may set additional interim dates for disclosure and hearings.

01

Filing the Action

Submit summons and complaint to county clerk and pay filing fee.

02

Service and Proof

Serve the respondent and file proof of service with the court.

03

Financial Disclosure

Exchange sworn financial statements and supporting exhibits per CPLR deadlines.

04

Trial or Settlement

Attend conference, mediation, or hearing leading to a signed judgment.

Frequently asked questions about New York divorce paperwork

Answers to common procedural and technical questions about preparing, signing, and filing divorce documents in New York.


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