How to Fill Out New York Form FL-100 (w/Examples) + FAQs

Contrary to what you might think, New York does not use a Form FL-100 for divorce – that form is a California petition. In fact, divorce and separation are governed by state law, not federal, so there is no “national” divorce form. Under the U.S. Constitution’s Full Faith and Credit Clause, a valid divorce granted in one state (e.g. via California’s FL-100) must be recognized in New York, but to start a divorce in New York you must use New York’s own forms and rules.

In this guide, we first outline the federal context of divorce law, then clarify why FL-100 is irrelevant in New York and which New York forms you actually need. We’ll walk through each form field by field, show realistic example entries in tables, point out common errors to avoid, define key legal terms, and compare New York’s process to California’s. By the end, you (the pro se litigant, paralegal or attorney) will know exactly how to fill out the correct NY divorce papers and what questions people often ask.

🔍 Understand the federal vs state setup: Learn why there’s no “national” divorce form and why FL-100 is a California form, not New York’s.
📋 Know the NY divorce forms: See which New York forms (UD-1, UD-2, etc.) replace California’s FL-100 and how to complete each section.
🚫 Avoid common mistakes: Don’t pick the wrong county or leave a field blank – we highlight pitfalls like wrong venue, missing signatures, or forgetting mandatory notices.
⚖️ Decode legal terms: Irretrievable breakdown, equitable distribution, CPLR, judicial intervention, and other terms will be bolded and defined so you know exactly what they mean.
🤝 Real step-by-step examples: Tables illustrate fully filled forms (with realistic entries) so you can match your case details against clear examples.

Federal Context: Divorce Law is State Law

Divorce in the United States is governed by state law, not federal statutes. There is no federal divorce form or federal divorce court – each state sets its own rules, residency requirements and paperwork. A federal case is only involved if parties dispute federal issues (child custody can trigger UCCJEA rules, but no federal form). However, under the U.S. Constitution each state must honor divorces validly granted in another state (Full Faith and Credit, Art. IV, Sec. 1). In practical terms, this means if you obtained a divorce in California (using Form FL-100, California Petition for Dissolution of Marriage), New York courts will recognize it as long as California had jurisdiction over the marriage. But to start a divorce in New York, you must follow New York law and use New York forms. Federal law doesn’t provide a one-size-fits-all divorce form – the FL-100 you’ve heard of is specific to California Family Code. New York’s divorce statutes (New York Domestic Relations Law, DRL, and Civil Practice Rules, CPLR) require different documents, which we’ll explain next.

Key point: Family law forms are state-specific. New York will not accept California’s FL-100 form. We’ll use FL-100 as a reference point only to clarify differences. Instead, New York divorce starts with a Supreme Court summons (UD-1 or UD-1a) and a Verified Complaint (UD-2). These New York forms serve as the “petition” or case-opening documents.

Example to Keep in Mind

Imagine John Doe (plaintiff) lives in Albany, NY and wants a divorce from Jane Doe (defendant) who lives in Rochester, NY. John would not fill out FL-100. Instead, he would file in New York Supreme Court using a Summons (with or without Notice) and a Verified Complaint (family law forms UD-1 and UD-2). We’ll show exactly how John fills those out below.

What NY Form “FL-100” Really Means

No such document exists in New York. The term FL-100 comes from the California Judicial Council: FL-100 is the California Petition for Dissolution of Marriage. In California, you check grounds (like 0 for irreconcilable differences) and request custody, support, etc. New York uses entirely different numbering and names. Instead of FL-100, New York would use something like UD-2 (Verified Complaint for Divorce).

Why FL-100 is out of place: FL-100 has California-specific instructions and field labels (like “Domestic Partnership”) that don’t apply in NY. Trying to use it in New York would be rejected. New York’s courts require the forms in the Uniform Divorce packet (Forms UD-1 through UD-14, see next section) or a Summons/Complaint drafted per CPLR.
The confusion cleared: If someone tells you “NY Form FL-100,” clarify that they probably mean “How to file for divorce in NY.” We will answer that by guiding you through the actual NY forms and processes, not FL-100.

In summary, the topic question “How to fill out New York Form FL-100?” is answered immediately by stating: There is no NY Form FL-100. The first lines of your paperwork will rather involve a Summons (Form UD-1 or UD-1a) and a Verified Complaint (Form UD-2), as explained below.

New York Divorce Forms: Summons and Petition (UD-1 & UD-2)

Once federal context is clear, let’s move into New York specifics. In New York State, divorces are handled in the Supreme Court (each county has one), not family court (except some support orders). To start a divorce case, the spouse seeking divorce (the plaintiff) files two types of documents in the county clerk’s office:

Summons (with or without Notice) – Form UD-1 (with Notice) or UD-1a (to be served with a Verified Complaint).
Verified Complaint for Divorce – Form UD-2.

Other forms accompany these (Affirmation of Service, Plaintiff’s Affirmation, financial worksheets, etc.), but UD-1/1a and UD-2 are the core. We’ll break them down:

Summons with Notice (UD-1): Used when you file for divorce without immediately attaching a complaint. It serves to notify the other spouse of the case and basic claims. It contains both venue/party information and asks for divorce grounds and relief. (Form UD-1 is all one page; a second page, if needed, lists ancillary relief).
Summons (UD-1a) + Verified Complaint (UD-2): Used when you are attaching the complaint at filing. UD-1a has party/venue info only (no grounds or relief section). The UD-2 Verified Complaint then states the marriage facts, grounds for divorce, and relief sought.

We will illustrate both ways. The choice depends on local practice or personal preference. Either way, after filing you must serve these papers on your spouse. But first, let’s look at filling them.

Summons with Notice (Form UD-1)

Form UD-1 starts with a heading where you write Supreme Court of the State of New York, County of [your county] and the Index Number (case number) once assigned. Then it has numbered fields:

Field 1: Index Number – leave blank for the clerk to fill in (or enter if you purchased an index no.).
Field 2 (County): Print the county where you are filing (e.g. “Albany County”). Under current law (CPLR §515), venue must be based on domicile. Choose the NY county where you or your spouse or a minor child resides.
Field 3: Date you filed the Summons (or the date of actual filing by clerk).
Field 4: Repeat the county (same as Field 2).
Field 5: Plaintiff’s name (person filing, e.g. “John Doe”).
Field 6 (Basis of Venue): Check or write why you picked this county. Common options: “Plaintiff’s residence,” “Defendant’s residence,” or “CPLR 509” (mutual agreement to a third county). For example, if John lives there, write “Plaintiff resides in [County]”.
Field 7 (Address): List the address of the person whose residence you used for venue. If plaintiff’s residence is basis, list plaintiff’s address; if defendant’s, list defendant’s; if CPLR 509, list plaintiff’s. Example: “123 Main St, Albany, NY”.
Field 8: Defendant’s name (spouse being served, e.g. “Jane Doe”).
Field 9: Check a box – in UD-1 it indicates type of action (usually just leave it as “Divorce”).
Field 10: Date you prepared the Summons (today’s date).
Field 11: Another checkbox (often marks if Summons with Notice or Summons with Verified Complaint; since this is the “with Notice” form, you’d check that box).
Field 12: Attorney’s name and address. If you represent yourself (pro se), put your name, address and phone.
Field 13 (Grounds for Divorce): Fill in the section number and grounds from NY law. For example: “DRL §170(7): Irretrievable breakdown of marriage” if you use no-fault ground, plus a short date or fact showing 6-month separation. Or a code for cruelty/adultery if used. (You may need to consult DRL §170 or court staff to pick the right code).
Field 14 (Ancillary Relief): This is crucial: list all requests besides divorce. Examples: “Custody of the children; child support; equitable distribution of home; spousal maintenance; counsel fees.” If children are under 21, custody and support must be requested. Also list any existing court orders to be continued. If you are waiving some claims (like no property to divide), check the appropriate waiver box on UD-2 later (but here just leave blank or note “N/A”).

The Summons with Notice form (UD-1) can look intimidating, but each field is simply identifying the parties, venue, and what relief you want. In practice, many people fill UD-1 in pencil first, get an index number from the clerk, then transfer info neatly on the final form.

Here is a realistic example of a completed UD-1 Summons with Notice (2-column table shows field vs example):

Field / Label	Example Entry
Index No.	2025-04256 (assigned by clerk)
County	Albany County
Date Filed	March 1, 2025
Plaintiff	John Q. Doe
Defendant	Jane A. Doe
Basis of Venue	Plaintiff resides in Albany County, NY
Plaintiff’s Address (ven.)	123 Main St, Albany, NY 12207
Defendant’s Address (ven.)	456 Elm St, Rochester, NY 14620
Date Prepared	Feb 28, 2025
Grounds for Divorce	DRL §170(7) – Irretrievable breakdown since Aug 2022
Ancillary Relief	Custody of 2 children; NY child support; maintenance; equitable distribution of family home and retirement.
Attorney / Contact	Pro Se: John Q. Doe, 123 Main St, Albany, NY 12207, (518) 555-1234

Above, John Doe (plaintiff) fills in his county (Albany), his and his spouse Jane’s names, and clarifies that he lives there, so venue is proper. He checks NY’s no-fault ground (irretrievable breakdown of the marriage) and lists all ancillary relief on one line (custody, support, property division, etc.). Note he signs as “Pro Se” on the bottom (field 16-17 on next page) and dates it.

Important: The Summons with Notice form must be served with two standard notices: the Notice of Automatic Orders and the Notice Concerning Continuation of Healthcare Coverage. These are printed on the back of UD-1 or separately, and they inform both spouses of court orders that kick in automatically (like no moving children out of state, keeping insurance active, etc.) once divorce papers are filed.

Summons (with Verified Complaint) – Form UD-1a

The alternative start is Summons UD-1a. It’s used with an attached Verified Complaint (UD-2). The UD-1a form looks like UD-1 up to Field 12 but does not ask for grounds or relief – because you’ll cover those in the complaint. You would use this if you plan to serve the complaint at the same time, or if preferred by your county.

Fields for UD-1a:

Fields 1–7: Same as UD-1 (index, county, date, etc., and venue basis).
Field 8: Defendant’s name.
Field 9: Check box (type of action, usually “Divorce”).
Field 10: Date prepared.
Fields 11-12: Check box if the plaintiff is answering or re-filed (usually skip); list attorney or pro se contact info.

UD-1a Example: Suppose Alice Smith files for divorce in Nassau County against Bob Smith (whom she intends to sue). The table might look like:

Field / Label	Example Entry
Index No.	2025-03110 (clerk will fill)
County	Nassau County
Date Filed	April 10, 2025
Plaintiff	Alice L. Smith
Defendant	Bob T. Smith
Basis of Venue	Defendant resides in Nassau County, NY
Venue Address (Def.)	789 Oak St, Garden City, NY 11530
Date Prepared	Apr 9, 2025
Attorney / Contact	Pro Se: Alice L. Smith, 789 Oak St, Garden City, NY (516) 555-7890

Alice uses the fact that Bob lives in Nassau County to establish venue. She notes Bob’s address for venue. We don’t see grounds or relief on UD-1a – those will appear on the Verified Complaint (UD-2).

Verified Complaint (Form UD-2)

Form UD-2 is the actual “petition” that states the marriage facts, grounds, and what you want from the court. It must be verified (sworn) by the plaintiff. Key fields on UD-2 include:

Field 1: County (repeat same county as the summons).
Field 2: Plaintiff’s name.
Field 3: Index number (leave blank or same number from Summons).
Field 4: Defendant’s name.
Field 5: Attorney name or if pro se, leave blank (and plaintiff will sign below).
Field 6 (Jurisdiction): Check boxes to show NY has authority. For example: “One of us is domiciled in NY for 1 year,” or a specific residency basis. Most NY divorces check: “Plaintiff has been a domiciliary of NY for 1 year, and either spouse is a resident on the date of action.” This demonstrates venue.
Field 7 (Marriage Info): Enter the date and place of marriage. Example: “Married 6/1/2010 in Manhattan, NY.”
Field 8 (Removal of Barriers): This only applies to religious marriages. If married by a civil ceremony, write “Civil ceremony – no religious barriers.” If married in a religious ceremony, you must remove religious barriers to remarriage by filing a Sworn Statement (Form UD-4). (We won’t detail UD-4 here, but it’s a common extra step if you had a church wedding.)
Field 9 (Children): Check “Yes” if minor children from the marriage exist, and list each child’s name, birthdate, and address. If no minor children, check “No.”
Field 10: Provide home addresses for plaintiff and defendant (as in summons).
Field 11 (Insurance): List any health/dental insurance covering the child(ren) by either party. E.g. “Plaintiff: BlueCross BlueShield; Defendant: Aetna.” If no kids or no coverage, you may skip or write “N/A.”
Field 12 (Grounds): VERY important. Here you cite DRL §170 grounds. New York has no-fault ground (DRL 170(7): marriage irretrievably broken for 6+ months) and fault grounds (cruelty, adultery, abandonment, imprisonment, life separate, etc.). You should pick one and give a short factual statement. For example: “DRL §170(7): Marriage irretrievably broken for more than six months (separated since January 2024).” Or if fault: “DRL §170(2): Cruel and inhuman treatment by Defendant during our marriage.” (In practice most people simply choose irretrievable breakdown since 2010 no-fault took effect.)
Field 13: This reminds you to list any other pending or prior divorce between you. Usually “N/A.”
Field 14 (Ancillary Relief): This is a big section where you repeat and expand what was on the summons. You list specifically each ancillary claim, such as: custody, visitation, child support, spousal maintenance (alimony), equitable distribution of property, attorneys’ fees, etc. You might say: “Custody of minor children to Plaintiff; child support per Guidelines; Plaintiff’s maintenance; 50/50 distribution of bank accounts; exclusive use of family home for one year,” etc. Check the appropriate box if you do NOT seek something (e.g. if waiving spousal support, check the waiver box). Important: If there are children, you MUST include a request for child support here. If you want the marital home to go to one spouse, note it here. Basically, anything beyond “just a divorce” goes in Field 14.

Finally, at the bottom Plaintiff (or plaintiff’s attorney) signs the form under oath (often called the Verification). Under New York law, the plaintiff’s signature is a sworn statement that the contents are true. UD-2 now requires only an affirmation (not necessarily notarized) that it’s under penalty of perjury. The plaintiff prints name, signs and dates.

UD-2 Example: For the same case as Example 2 (Alice v. Bob, Nassau County), the Verified Complaint fields might be:

Field / Label	Example Entry
County	Nassau County
Plaintiff	Alice L. Smith
Index No.	2025-03110
Defendant	Bob T. Smith
Plaintiff’s Attorney	Michael Jones, Esq., NY Bar 012345, 100 Broadway, New York, NY (212) 555-0123 (or if pro se, write “Pro Se”)
Jurisdiction (Field 6)	“One spouse has been a NY domiciliary for 1 year and now resides in Nassau.” (check box)
Date & Place of Marriage (Field 7)	Married June 15, 2012 in Syosset, NY.
Removal of Barriers (Field 8)	Civil ceremony – no religious barriers.
Children (Field 9)	Two minor children: – Ella S. Smith, b. 2014; resides with Plaintiff – Daniel T. Smith, b. 2016; resides with Plaintiff
Addresses (Field 10)	Plaintiff: 789 Oak St, Garden City, NY 11530 Defendant: 456 Pine St, Uniondale, NY 11553
Insurance (Field 11)	No additional insurance issues to list. (Or list policies covering kids.)
Grounds (Field 12)	“DRL §170(7) – Marriage irretrievably broken for at least six months.”
Prior Divorce (Field 13)	No prior divorce or annulment between the parties.
Ancillary Relief (Field 14)	Custody of minor children to Plaintiff; child support per Guidelines; Plaintiff’s maintenance (marital property agreed division attached); equitable distribution (50/50) of checking/savings; Defendant to pay attorney’s fees.
Date Prepared (Field 15)	Apr 9, 2025
Plaintiff’s Signature (Field 16-17)	Alice L. Smith (signed and affirmed April 9, 2025 under penalty of perjury)

In this example, Alice Smith details the marriage date, checks off NY jurisdiction, lists both children (by name and birth year), and clearly states the grounds and all relief sought. She includes both custody and support as required (children reside in NY). Under “Ancillary Relief” she even notes how property and support should be handled. At the bottom, Alice signs her name and affirms the truth of the complaint.

Tip: Always double-check that names/addresses exactly match between UD-1/UD-1a and UD-2. Consistency is key. After filling, make copies of each form and all attachments for your records before filing.

Step-by-Step Filling Process

Now that we’ve identified the forms and fields, here’s a step-by-step summary of how to proceed:

Check Residency Requirements: NY law (DRL §230) requires one spouse meet certain residency (e.g. either has lived in NY for 2 years; or both for 1 year and NY is where marriage took place, etc.). Make sure you qualify before filing. (If not, you cannot use NY for your divorce.)
Prepare Forms: Download the latest UD-1, UD-1a, UD-2 (and any financial worksheets UD-8(1)/8(2) if you request support, see below) from NYCourts.gov or pick them up at the courthouse. Use black ink, and type or print neatly.
Venue and Basis: Decide which county to file in (where plaintiff or defendant resides). Fill the venue basis (e.g. “Plaintiff’s residence”). Enter addresses accordingly.
Fill In Parties: Enter plaintiff and defendant names, addresses, dates. Use their full legal names. Double-check spelling.
Grounds & Relief: On UD-1 or UD-2, be precise. For NY no-fault divorce, writing “DRL 170(7) – irretrievable breakdown” is common. In ancillary relief, cover all issues: list children (custody), support, maintenance, property, etc. If any section (like property or support) doesn’t apply, you still note it (e.g. write “No marital property” or check “No Maintenance Requested”).
Signatures: After filling, plaintiff must sign the Verified Complaint (UD-2) under penalty of perjury (no notary needed, an affirmation line is provided). On UD-1 (if used), the plaintiff signs or the attorney signs. The Summons often does not require a notarized signature, just signing and dating as preparer.
Financials: If there are children, you must complete Child Support Worksheet (UD-8(3)) and include the Child Support Standards Chart as required. If you seek spousal support, include Income and Maintenance Worksheets (UD-8(1) and UD-8(2)). (These are too detailed to fit here, but NY requires them since 2016 on contested divorces.)
Filing Fee: Take forms to the County Clerk’s office and pay the filing fee (around $335 as of 2025) plus an index number fee (~$45). The clerk will stamp your forms, assign an Index Number (a case number) and return a copy to you for service.
Service of Process: Serve the signed Summons and Complaint on your spouse. In NY, you can hire a process server or use certified mail. You must also serve the two Notice forms (Automatic Orders, Health Coverage) along with them. After serving, fill out Affirmation of Service (UD-3) to prove your spouse was served. Service must be done within 120 days of filing.
Request for Judicial Intervention (RJI): If your spouse contests (answers), New York requires you file an RJI (Form UD-13) to assign a judge. It’s wise to file RJI right after service so the case advances.
Await Response: The defendant has 20 or 30 days to respond (20 if personally served within NY, 30 if outside but within US). If no response, you can apply for a default judgment. If they do respond, you move to discovery/negotiation or court hearing.

This procedural outline ensures that each step is done in order. Missing a step (like not paying fees or failing to serve the notices) will delay your case.

Common Mistakes to Avoid

Filling out divorce forms for the first time can be tricky. Here are some pitfalls so you don’t trip up:

Using the Wrong Form: Don’t bring FL-100 to a NY clerk. NY expects Summons/Complaint (UD-1/UD-2) or a local equivalent. Presenting FL-100 would get it rejected.
Wrong County (Venue): NY law changed recently (CPLR 515) to require venue in either spouse’s NY residence county. Picking the wrong county (e.g. neither spouse lives there) can make your case void. Always verify county residency or get written consent under CPLR §509.
Incomplete Fields: Leaving fields blank (like grounds or address) will slow or stop your case. If something doesn’t apply, write “N/A” or “None.” For example, if no children, check “No children” on UD-2 Field 9; don’t just leave it blank.
Forgetting Automatic Orders Notice: NY law mandates serving Notice of Automatic Orders and Health Insurance Continuation Notice with the Summons. If you neglect this, your divorce could be dismissed or penalties imposed. Always include the notices (provided behind UD-1 or at nycourts.gov).
Not Listing Children or Support: If you have children under 21, child custody and support must be requested on your form. Some first-time filers forget and just list divorce. NY courts will not finalize a divorce with children unless support/custody issues are raised.
Signature Errors: The plaintiff must sign the Verified Complaint (UD-2) personally. Don’t forget to print your name below the signature. If the plaintiff has an attorney, the attorney signs UD-1 and UD-2 and prints their firm info. Never sign for the other spouse!
Missing Spouse’s Info: Double-check spellings, addresses, and dates. An incorrect spouse name or address means they can claim they were not properly served.
Using Outdated Forms: Always get the latest revision from nycourts.gov. For example, UD-1 was revised after NY law changed venue rules. Using an old form may skip required boxes.
Ignoring Financial Worksheets: If you ask for any child or spousal support, NY requires Maintenance Guideline Worksheet (UD-8(1)&(2)) and Income Statement (UD-8(3)). Failing to include these can get your support claim tossed or cause delays.
Skipping RJI or Notary: If your case becomes contested, failing to file a Request for Judicial Intervention (UD-13) in a timely way can stall court scheduling. Also, if your marriage was religious, you must execute the Sworn Statement of Removal of Barriers (UD-4) before filing; skipping that invalidates your petition if contested.
Typos and Cross-outs: Don’t use white-out or make last-minute scribbles. If you make a mistake, print a new page. Messy corrections look unprofessional and may be not accepted by the clerk.

Stay organized: review instructions (NYCourts gives form-by-form guides) and perhaps have someone else proofread your filled forms before submission.

Legal Terms and Definitions

To help you understand what appears on these forms, here are key legal terms explained. Each term is in bold, followed by a brief definition in plain language:

Plaintiff: The spouse who files for divorce (the person initiating the case).
Defendant: The other spouse (the one being served with divorce papers).
Summons: The initial document notifying the other spouse that a divorce case has started. It tells the defendant to respond.
Verified Complaint (or Petition): The formal written request for divorce stating the facts (marriage date, children, reasons for divorce) and asking the court for specific orders. “Verified” means the filer swears it’s true under penalty of perjury.
Venue: The county where a case is filed. In NY divorce, venue is usually the county of either spouse’s residence (per CPLR 515).
Jurisdiction: The court’s power to hear a case. NY requires one spouse meet domicile/residency rules (often 1-2 year residency or marriage in NY) to have jurisdiction over the divorce.
Grounds for Divorce: The legal reason for divorce. New York’s grounds (under DRL §170) include no-fault (irretrievable breakdown after 6 months, §170(7)) and fault grounds like cruelty, adultery, abandonment, etc. You must cite at least one on your complaint.
No-fault Divorce: A divorce based on irretrievable breakdown with no need to prove fault. New York allows no-fault under §170(7) (added 2010); it is most common in uncontested cases.
Irretrievable Breakdown: Means the marriage is beyond repair for at least six months. Often called “no-fault” ground in NY.
Ancillary Relief: All the court orders besides the divorce itself. For example: child custody, child support, spousal support, distribution of property, legal fees. Form UD-2 Field 14 is where you list ancillary relief sought.
Equitable Distribution: How NY splits marital property. NY does not automatically split 50/50; it divides assets in a fair (equitable) way. Any request to divide specific property goes in Ancillary Relief.
Maintenance (Alimony): Court-ordered spousal support after divorce. In NY, it may be based on a formula (guidelines) if you check the guideline box, or on discretionary factors if you don’t.
Custody: Legal right to make decisions for children. Could be joint or sole. In divorce, you must ask the court to award custody in Ancillary Relief (or agreement).
Child Support: Money paid for a child’s expenses. New York has a guideline based on parents’ incomes. Must be requested if you have minor children.
Default Judgment: If the defendant does not answer the summons, the plaintiff can get a default. The court can grant all relief requested (but only what was in the pleadings).
RJI (Request for Judicial Intervention): A form (UD-13) filed after serving the summons (if contested) to get a judge assigned. Without it, the case won’t move beyond initial filing.
Automatic Orders: Certain temporary orders that arise by law as soon as the divorce is filed (e.g. no transferring assets, no altering custody, no canceling insurance). These orders are printed on your Summons or attached notice; violating them can be contempt.
Index Number: The case number assigned by the clerk when you file. It looks like “2025-01234.” Always reference it on each form.

Understanding these terms will help you fill and review the forms correctly, and follow the process with confidence. If you see any term on the forms that’s confusing, check back here for its definition.

Comparing California FL-100 with NY Divorce Forms

Since the question mentioned FL-100, let’s briefly compare California’s process to New York’s, to highlight differences:

Form Names: CA uses “FL-100” (family law) as a single petition for marriage dissolution. NY has no FL-100; instead, we use a Summons (UD-1/UD-1a) and a Verified Complaint (UD-2).
Grounds and Simplicity: California’s FL-100 lists grounds (irreconcilable differences is no-fault) and sections for kids, property etc., all on one form. New York’s UD-2 similarly asks for breakdown and relief, but state codes differ. NY has one main no-fault and specific fault grounds, whereas CA simply has irreconcilable differences for no-fault.
Financial Declarations: California’s forms often include declarations of assets and debts on the petition itself or attachments. In NY, divorce forms do not list assets/debts directly; instead, each party must later complete separate financial disclosure (mandatory in all contested cases) with detailed schedules (not part of UD-1/UD-2).
Mediation Requirement: CA courts typically require mediation or parenting classes. NY encourages court-annexed mediation for custody, but it’s not explicitly on the petition forms. (However, NY spouses must consider mediation by law.)
Residency: CA requires 6-month state residency and 3-month county residency to file FL-100. NY has more complex requirements (2-year general, or 1-year with various conditions – see DRL §230). Be sure to meet the correct NY rule.
Filing Fees: FL-100 filing fees differ by county in CA. NY’s fee is about $335 (subject to change) plus a small index number fee.
Notice of Health Coverage: NY explicitly requires a “Notice of Continuation of Health Care Coverage” to be served. CA has no parallel (and if ignored in NY, spouse could have COBRA or benefits issues).
Forms Format: FL-100 is a simple 2-page document (3 pages if you count a mandatory Financial Statement for kids in CA). NY’s UD-2 is a 2-page verified complaint, plus UD-1 as needed. There is no one-sheet financial statement included; instead NY has separate UD-8 worksheets for support.

Bottom line: If you search for “NY FL-100” or similar, remember that NY expects UD forms. The content (who, what, when) is similar, but the names and layout differ. Make sure you always pick New York Unified Court System forms, not those of another state.

Who’s Who: People & Entities in a NY Divorce Case

Several individuals and institutions play a role in a divorce case. Knowing them helps you navigate the process:

Plaintiff (Petitioner): The spouse who files the divorce papers. Often listed first on forms.
Defendant (Respondent): The other spouse, who is served with the Summons/Complaint.
Attorney: Either spouse may have an attorney. The attorney’s name and contact go on forms if represented. The plaintiff’s attorney signs the complaint in the attorney’s name.
Judge: A Supreme Court judge will ultimately hear contested issues or approve the divorce. NY doesn’t assign a judge until after both sides are before the court (hence the RJI). You rarely deal with the judge at the start, except at a final hearing.
County Clerk: The office (often called Clerk of Supreme Court or Supreme Court Clerk) where you file your papers. The clerk assigns the index number and accepts fees. Each county has its own clerk.
Family Court: Note: NY Family Court handles some family matters (child support enforcement, custody if divorced couple first brought matter there, and never divorces). But a Supreme Court handles the divorce. If you have only custody/support issues, Family Court might be involved, but in a divorce case it’s Supreme Court.
Support Collection Unit: If you obtain child support or maintenance orders in the divorce, you must send a copy of the Judgment and support orders to the county’s Support Collection Unit (the state office that collects/spreads support payments). This is a post-judgment task.
Mediator or Parent Coordinator: Not a formal entity on your paperwork, but some counties require a session with an ADR (alternative dispute resolution) before a contested divorce proceeds to trial. Check if your county has a mandatory custody or settlement conference.
Process Server or Sheriff: NY doesn’t allow personal service by the plaintiff. You must hire a process server or use certified mail (with an affidavit) to serve the summons. These officers must then complete an Affirmation of Service (UD-3) or an Affirmation of Defendant (UD-7).
Office of Court Administration (OCA): The New York agency that issues official forms and guidelines. When in doubt, check the current forms at nycourts.gov (OCA site).
Legal Aid / Self-Help Resources: If you’re pro se, New York has self-help resources (e.g. law libraries, NYCourts.gov self-help pages, Legal Aid Society offices) to assist with filling forms. Paralegals might also consult the NY Civil Court Act and CPLR.

Remember, in your forms you list plaintiff and defendant with addresses. You don’t normally list a judge or clerk by name. But the clerk’s office is who will handle your filing, and the judge will sign the final judgment (UD-11 form) at the end.

New York Court Procedures: Filing to Judgment

Filing the forms is just the beginning. Here’s what typically happens next:

Pay Fees and Obtain Index No.: Go to the Supreme Court Clerk’s office in the correct county. Present your completed UD-1/UD-1a and UD-2 (plus copies). Pay the filing fee. Clerk assigns an Index Number (your case number) and stamps all pages “FILED.” You now have an official case.
Serve the Papers: You must serve the filed Summons and Complaint on your spouse within 120 days. Service can be personal (by sheriff or process server) or by mail (with affidavit) depending on circumstances. If the defendant is not easily found, NY has alternate service methods (CPLR 308(5) by publication, 310 for publication in newspaper, or get permission for unique methods like email with leave of court). After serving, file the server’s Affirmation of Service (UD-3) proving delivery.
Automatic Orders in Place: From the moment of filing, certain orders automatically apply to both parties (NYCPLR 3212 states them). These include: keeping the status quo on children, not disposing of property, continuing insurance, no “molesting” the spouse, etc. These are enforceable, so follow them.
Defendant’s Response: The defendant has 20 days (if served in NY) or 30 days (served out-of-state) to respond by filing an Answer or a Notice of Appearance. If they do nothing, you can proceed for a default. If they answer and contest, the case is now contested.
RJI & Timeline: Once the defendant appears (or by an agreed timetable), the plaintiff files a Request for Judicial Intervention (UD-13) to get the case on the court’s docket. The judge will typically set deadlines for discovery (exchanging financials, depositions) and a Divorce Settlement Conference (an initial hearing).
Discovery: Both parties exchange sworn financial statements and documents. NY rules require full disclosure of assets, income, expenses (Financial Disclosure Statements). This is not a form but a formal exchange. If you find the spouse hiding assets, a judge will be very unhappy.
Mediation/Settlement: Many cases settle before trial. In NY, especially involving children, courts encourage or require mediation or a custody evaluation. If you and spouse can agree, you prepare a Stipulation of Settlement (UD-5) and submit it. Otherwise, the case goes to trial (or a final conference if minor issues remain).
Judgment of Divorce: Whether by agreement or after a trial, the judge will sign a Judgment of Divorce (Form UD-11). This is the final divorce decree. The clerk then sends each spouse a Certificate of Dissolution of Marriage which finalizes the divorce (in default cases or consensual cases, judge signs without testimony; in trials, judge usually signs after decision).
Post-Judgment: If you got support orders, remember to send certified copies to the Support Collection Unit. The divorce is final when the judgment is “entered” (filed) by the clerk and the Certificate of Dissolution is mailed (usually 30 days post-judgment).

This procedural outline shows there are many steps beyond the forms. However, the forms themselves are crucial starting points. Once you fill UD-1 and UD-2 correctly, you have laid the foundation for the case.

Pros and Cons: Filing Divorce Yourself in NY (Pro Se vs Attorney)

Many people consider filing on their own. Here are some pros and cons to think about:

Pros of Pro Se (No Attorney)	Cons (Risks and Challenges)
Saves money on attorney fees	Complex rules; mistakes can delay or hurt case
Full control over timing and process	Hard to foresee all legal issues (property, etc)
Direct management of personal information	Emotional involvement; lack legal guidance
Simpler if divorce is truly uncontested	Courts scrutinize pro se answers carefully

Pros: You save attorney costs, keep control of decisions, and if your case is uncontested (spouse agrees), it can be straightforward to just sign documents and file. Pro se filers sometimes finish faster (less waiting for attorney schedules).
Cons: New York divorce law is technical. One missing step (like skipping the RJI or filing wrong worksheet) can result in lost rights or dismissal. Pro se filers often underestimate complications (e.g. undervaluing assets, not securing future support). Also, if your spouse contests anything, going to trial without a lawyer is very difficult.

If your situation is straightforward (no kids, little property, both agree), you might do fine on your own using this guide. But if it’s complex or contested, consider at least a consultation.

Frequently Asked Questions (FAQs)

Below are common yes/no questions people ask about NY divorce forms and process. Each answer is brief.

Q: Is Form FL-100 accepted for divorce in New York?
A: No. FL-100 is a California form. New York requires its own forms (Summons and Verified Complaint, e.g. UD-1/UD-2).
Q: Do I need to file divorce in the county where I live?
A: Yes. New York venue rules say file where either spouse or a minor child resides (CPLR 515).
Q: Can I use the same forms for separation as for divorce in NY?
A: No. New York has a specific Divorce Petition (Form UD-2) and Summons. Separation cases use different Family Court forms or a divorce with no further action.
Q: Are attorneys mandatory to file divorce in NY?
A: No. You can file pro se (self-represented). But errors may be made without legal help.
Q: Must I list all our children on the Summons/Complaint?
A: Yes. If there are children under 21 from the marriage, you must list them and request support/custody.
Q: Is New York a no-fault divorce state?
A: Yes. New York allows irretrievable breakdown as a ground (no-fault). It also still lists fault grounds, but no-fault is most common.
Q: Can my spouse object to the county I filed in?
A: Yes. If venue was wrongly chosen (not plaintiff/defendant domicile) and your spouse raises it, the case may move. Choose the right county to avoid objections.
Q: Do I have to file a Notice of Electronic Filing? (or similar e-filing question)
A: Depends. Some NY counties now require e-filing for contested cases. Check your local court rules.
Q: Do I need to serve both the Summons and Complaint?
A: Yes. Serve everything filed (Summons UD-1/UD-1a, Verified Complaint UD-2) on your spouse according to CPLR rules.
Q: Is there a waiting period in NY before divorce is final?
A: No mandatory waiting period. New York does not impose a split-up time like some states. Once judgment is granted, the divorce is final (after administrative processing).
Q: Will I automatically get half of everything in the divorce?
A: No. New York uses equitable distribution, not automatic 50/50. Courts divide marital property fairly, considering many factors.
Q: Is a hearing required if divorce is uncontested?
A: Often no formal hearing. If both spouses agree and submit a settlement, the judge can sign the Judgment without a courtroom hearing (though some judges still schedule a brief conference or hearing).
Q: Can I file for divorce if my spouse lives out of state?
A: Yes. You can still file in NY if you meet NY residency rules. Service by mail or via the courts of that state/atty general (CPLR 313) is required.
Q: Is NY divorce paper-filing or e-filing?
A: Currently both. Many NY Supreme Courts allow e-filing, but some still file on paper. Check if your county has an e-filing portal.
Q: After filing the Summons, do I have to do anything else immediately?
A: Yes. You must promptly serve the papers on your spouse and file the Affidavit/Affirmation of Service (UD-3).
Q: Will the court remind me of deadlines after I file?
A: No. You must track timelines yourself (answer time, service deadline, RJI deadline). The court expects you to follow rules proactively.