Supreme Court of the State of New York

Verified Complaint - Action for Divorce

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF

Index No.:

Plaintiff against Defendant

FIRST: Plaintiff herein by , complaining of the Defendant, alleges that the parties are over the age of 18 years and;

SECOND:

Plaintiff Defendant has resided in New York State for a continuous period of at least two years immediately preceding the commencement of this divorce action.

OR

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 people in New York State.

OR

Plaintiff Defendant the cause of action occurred in New York State and resided in New York State for a continuous period of at least one year immediately preceding the commencement of this divorce action.

OR

The cause of action occurred in New York State and both parties were residents at the time of commencement of this divorce action.

THIRD: The Plaintiff and the Defendant were married on in (city, town or village; and state or country) .

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 above check the appropriate box 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).

FOURTH: There are no children of the marriage

OR

There is (are) child(ren) of the marriage, namely:

Name / Date of Birth / Address

The Plaintiff resides at .

The Defendant resides at .

The parties are covered by the following group health plans:

FIFTH: 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 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.)

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 the parties 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 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 .

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 or justification abandoned the Plaintiff, who had been a faithful and dutiful spouse, by depriving Plaintiff of access to the marital residence located at .

Imprisonment (DRL §170(3)):

That after the marriage of Plaintiff and Defendant, Defendant was confined in prison for a period of three or more consecutive years, to wit: that Defendant is/was confined in prison on the day of , , and remained confined until the day of , ; OR remains confined to this date.

Adultery (DRL §170(4)):

That on the day of , , at the Defendant voluntarily committed an act of sexual or deviate sexual intercourse with a person 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, , (Country or State) rendered a decree or judgment of separation on , under Index Number ; and

(b) that the parties have lived separate and apart for a period of one year or longer after the granting of such decree; and

(c) that the Plaintiff has substantially complied with all the terms and conditions of such decree or judgment.

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 they subscribed and acknowledged on , in the form required to entitle a deed to 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 / Defendant resided; and

(c) that the parties have lived separate and apart for a period of one year or longer after the execution 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 at least six months.

SIXTH: There is no judgment of divorce and no other matrimonial action between the parties pending in this court or in any other court of competent jurisdiction.

WHEREFORE, Plaintiff demands judgment against the Defendant as follows:

A judgment dissolving the marriage between the parties

AND

The nature of any ancillary or additional relief requested 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 payee as described in the Notice of Guideline Maintenance (the “Notice”) other than what was already agreed to in a written agreement/stipulation; OR I seek maintenance as payee, as described in the Notice.

NONE - I am not requesting any ancillary relief;

AND any other relief the court deems fit and proper

Dated:

STATE OF NEW YORK, COUNTY OF ss:

I , am the Plaintiff in the within action for a divorce. I have read the foregoing complaint and know the contents thereof. The contents are true to my own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true.