Fill and Sign the Plaintiff Herein by Complaining of the Defendant Alleges Form

SUPREME COURT OF THE STATE OF NEW YORK 11COUNTY OF --------------------------------------------------------------------X 2 32 3Index No.:Plaintiff,-against-VERIFIED COMPLAINT ACTION FOR DIVORCE 4 4Defendant.-------------------------------------------------------------------X 5 5FIRST:Plaintiff herein / by _________________________, complaining of the Defendant, allegesthat the parties are over the age of 18 years and; 66SECOND: A)  The has resided in New York State for a continuous period of at least two  Plaintiff Defendantyears immediately preceding the commencement of this divorce action.================================OR================================ B)  The resided in New York State on the date of commencement of this  Plaintiff Defendantdivorce 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 people in New York State. ================================OR================================ C)  The cause of action occurred in New York State and resided in New York Plaintiff DefendantState for a continuous period of at least one year immediately preceding the commencementof this divorce action.================================OR================================ D)  The cause of action occurred in New York State and both parties were residents at the timeof commencement of this divorce action.77THIRD: The Plaintiff and the Defendant were married on in (city, town or village; and state or country) .(Form UD-2 Rev. 1/25/16) 88The marriage was not performed by a clergyman, minister or by a leader of the Society for Ethical Culture. (If the word “not” is deleted above check the appropriate box below). To the best of my knowledge I have taken all steps solely within my power to remove any barrierto 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 myknowledge to remove any barrier to the Defendant’s remarriage. OR The Defendant has waived in writing the requirements of DRL §253 (Barriers to Remarriage). 99FOURTH:  There are no children of the marriage (see definition on p.7 of Instructions)OR  There is (are) _________ child(ren) of the marriage (see definitions on p.7 ofInstructions), namely: Name Date of BirthAddress______________________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________ __________________________________________________________________1010The Plaintiff resides at .The Defendant resides at .1111The parties are covered by the following group health plans:PlaintiffDefendantGroup Health Plan: Group Health Plan: Address: Address: Identification Number: Identification Number: Plan Administrator: Plan Administrator: Type of Coverage: Type of Coverage: 1212FIFTH: The grounds for divorce that are alleged as follows:Cruel and Inhuman Treatment (DRL §170(1)):At the following times Defendant committed the following act(s) which endangered thePlaintiff’s physical or mental well being and rendered it unsafe or improper for Plaintiff tocontinue 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-2 Rev. 1/25/16) Abandonment (DRL 170(2)):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 theparties located at , and did not return. Such absence was without cause or justification, and was without Plaintiff’s consent.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 relationswith the Plaintiff despite Plaintiff’s repeated requests to resume such relations. Defendant does notsuffer from any disability which would prevent her / him from engaging in such sexual relationswith Plaintiff. The refusal to engage in sexual relations was without good cause or justification andoccurred at the marital residence located at .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 willfully and without cause orjustification abandoned the Plaintiff, who had been a faithful and dutiful spouse, by depriving Plaintiffof access to the marital residence located at . Thisdeprivation of access was without the consent of the Plaintiff and continued for a period of greater thanone year.Imprisonment (DRL §170(3)):That after the marriage of Plaintiff and Defendant, Defendant was confined in prison for a periodof three or more consecutive years, to wit: that Defendant is/was confined in prison on the Name of correctional facility______day of ___________,____, and remained confined until the MonthYear______day of_____________,____; OR  remains confined to this date. Month YearAdultery (DRL §170(4)):That on the___ day of___________,____, at ______________________________ Month Year Location the Defendant voluntarily committed of an act of sexual or deviate sexual intercourse with aperson other than the Plaintiff after the marriage of Plaintiff and Defendant. Living Separate and Apart Pursuant to a Separation Decree or Judgment of Separation(DRL §170(5)):(a)That the Court, County, (Country or State)rendered a decree or judgment of separation on , under IndexNumber ; and(b)that the parties have lived separate and apart for a period of one year or longer after the grantingof such decree; and(c)that the Plaintiff has substantially complied with all the terms and conditions of such decree orjudgment.(Form UD-2 Rev. 1/25/16) Living Separate and Apart Pursuant to a Separation Agreement (DRL §170(6)):(a)That the Plaintiff and Defendant entered into a written agreement of separation, which theysubscribed and acknowledged on , in the form required to entitle a deedto be recorded; and(b)that the agreement / memorandum of said agreement was filed on in the Office of the Clerk of the County of , wherein Plaintiff / Defendantresided; and(c)that the parties have lived separate and apart for a period of one year or longer after theexecution of said agreement; and(d)that the Plaintiff has substantially complied with all terms and conditions of such agreement.Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)):That the relationship between Plaintiff and Defendant has broken down irretrievably for a period of atleast six months. 1313SIXTH: There is no judgment of divorce and no other matrimonial action between the partiespending in this court or in any other court of competent jurisdiction.(Form UD-2 Rev. 1/25/16) WHEREFORE, Plaintiff demands judgment against the Defendant as follows: A judgment dissolving the marriage between the parties AND1414The nature of any ancillary or additional relief requested (see p.16 of Instructions) is:______________________________________________________________________________________________________________________________________________________ Additional page describing ancillary relief requested is attached;  Marital property to be distributed pursuant to separation agreement/stipulation;  I waive distribution of Marital property; For divorces commenced on or after 1/25/16 only: I am not seeking maintenance as payeeas described in the Notice of Guideline Maintenance (the “Notice”) other than what wasalready agreed to in a written agreement/stipulation ; OR  I seek maintenance as payee, asdescribed in the Notice.  NONE - I am not requesting any ancillary relief; AND any other relief the court deems fit and proper 1515 Dated: 1616 Plaintiff Attorney(s) for Plaintiff Address:1717 STATE OF NEW YORK, COUNTY OF _________________ ss:I (Print Name), am the Plaintiff in the within action for adivorce. I have read the foregoing complaint and know the contents thereof. Thecontents are true to my own knowledge except as to matters therein stated to be allegedupon information and belief, and as to those matters I believe them to be true.Subscribed and Sworn to before me on___________________________________________________Plaintiff’s Signature NOTARY PUBLIC(Form UD-2 Rev. 1/25/16)