Notary Public License New York

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF

Plaintiff, Index No.:

-against-

Defendant.

------X AFFIDAVIT OF DEFENDANT

IN ACTION FOR DIVORCE

-X

STATE OF }

COUNTY OF } ss:

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

for divorce on // 20 based upon the following grounds: Insert the grounds alleged in the Summons with notice or Complaint:

2. 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:

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)

10. 3. 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.

11. 4a. 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:

12. 5a. I am not seeking equitable distribution 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) 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) 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).

13. 6a. 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).

14. 7a. 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

(Form UD-7 Rev. 3/1/16)

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:

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:

(Form UD-7 Rev.3/1/16)

16. If my divorce action was commenced on or after January 25, 2016, I 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.

17. I have been provided a copy of Notice Relating to Health Care of the Parties. I fully understand that upon the entrance of this divorce agreement, I may no longer be allowed to receive health coverage under my former spouse's health insurance plan. I may be entitled to purchase health insurance on my own through a COBRA option, if available, otherwise I may be required to secure my own health insurance.

18.

(Form UD-7 Rev.3/1/16)