How to Fill Out New York Form UD-1 (w/Examples) + FAQs

New York Form UD-1 is the Verified Complaint you file to officially start an uncontested divorce in New York State, and it must be completed exactly as the Domestic Relations Law (DRL) requires. You sign it under oath, state the grounds for divorce, and ask the judge for specific relief like custody, support, maintenance, and equitable distribution under DRL §236(B).

According to the New York State Unified Court System, more than 56,000 uncontested divorces are filed in New York every year, and clerks reject roughly one in three self-represented packets for paperwork errors on UD-1 alone. A clean UD-1 is the single biggest factor in getting your judgment signed without a costly second trip to the clerk’s office.

Here is what you will learn in this guide:

• 📜 How every numbered paragraph on UD-1 works and what to write
• ⚖️ The seven legal grounds under DRL §170 and which one to pick
• 👨‍👩‍👧 How to plead children, custody, and CSSA child support correctly
• 💰 How to ask for maintenance and equitable distribution the right way
• 🚫 The most common UD-1 mistakes that get a packet bounced

What Form UD-1 Is and Why It Exists

Form UD-1 is the official Verified Complaint Action for Divorce used in New York’s uncontested divorce packet, and the NY Courts uncontested divorce instructions require it for every no-children and with-children case where the spouses agree. The form lays out the facts that give the Supreme Court power to grant a divorce, including residency, marriage details, grounds, and the relief you want.

The legal authority for UD-1 sits in the Civil Practice Law and Rules §3020, which requires a verified pleading in matrimonial cases. Verification means you swear before a notary that everything in the complaint is true to your own knowledge. If you lie on UD-1, you can be charged with perjury under Penal Law §210.15, a class D felony.

UD-1 is paired with other forms in the packet, like the UD-2 Verified Answer, the UD-6 Affidavit of Plaintiff, and the UD-11 Findings of Fact. The complaint is the spine of the case, and every later form pulls facts from it.

A common misconception is that UD-1 is optional if your spouse already signed an Affidavit of Defendant (UD-7). It is not optional. The complaint must still be filed and served so the court has jurisdiction under DRL §230.

The consequence of skipping UD-1 or filing a defective one is brutal: the Note of Issue (UD-9) will not be accepted, the judgment of divorce will not be signed, and your $210 index number fee from the county clerk is not refunded.

Before You Start: Federal Baseline and New York Layer

Divorce is governed almost entirely by state law, but federal law sets a few baselines you must respect on UD-1. The federal Servicemembers Civil Relief Act, 50 U.S.C. §3931, forces you to state whether the defendant is on active military duty, which is why UD-1 has a military service paragraph. Ignoring this can void the judgment.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in New York as DRL Article 5-A, controls which state can decide custody when children are involved. UD-1 asks for the children’s address history for the past five years to satisfy UCCJEA.

Federal tax law under 26 U.S.C. §71 and the Tax Cuts and Jobs Act of 2017 changed how spousal maintenance is taxed for divorces finalized after December 31, 2018. Maintenance is no longer deductible by the payor or taxable to the recipient, and this affects how you draft the maintenance request inside UD-1.

On the New York side, the layered statutes are DRL §170 (grounds), DRL §230 (residency), DRL §236(B) (equitable distribution and maintenance), DRL §240 (custody), and DRL §240(1-b) (Child Support Standards Act).

A misconception worth killing now: people think New York is a community property state. It is not. New York is an equitable distribution state, which means marital property is divided fairly, not necessarily 50-50, and you must plead that distinction correctly in UD-1.

Residency Requirements (DRL §230) on UD-1

Paragraph 2 of UD-1 is the residency paragraph, and it is where most pro se filers stumble. Under DRL §230, you must satisfy one of five residency tests before you can sue for divorce in New York. The form lists each option as a check-box, and you must check only the one that applies.

The five options are: (1) the marriage took place in New York and either spouse lives here for one continuous year before filing, (2) the spouses lived as husband and wife in New York and either lives here for one continuous year, (3) the grounds happened in New York and either spouse lives here for one continuous year, (4) the grounds happened in New York and both spouses are New York residents at the time of filing, or (5) either spouse has lived in New York for two continuous years.

The consequence of checking the wrong box is dismissal under CPLR §3211(a)(2) for lack of subject matter jurisdiction. The Court of Appeals in Lacks v. Lacks, 41 N.Y.2d 71 (1976), held that durational residency is not jurisdictional in the strict sense, but lower courts still dismiss for failure to plead it correctly.

Example: Maria and David

Maria married David in New Jersey in 2018, moved to Brooklyn together in 2022, and David moved out in March 2026. Maria files in May 2026. She checks Option 2 because they lived together as spouses in New York and she has lived in New York for more than one continuous year before filing.

Example: Jamal and Priya

Jamal and Priya married in Manhattan in 2020 but moved to Florida in 2023. Priya returned to Queens alone in March 2024 and files in May 2026. She checks Option 5 because she has been a New York resident for more than two continuous years, even though her spouse has not.

Example: Lin and Robert

Lin lives in Buffalo, and Robert lives in Ohio. They married in Niagara Falls in 2024, and Lin has lived in New York since birth. Lin can use Option 1 because the marriage happened in New York and she has lived here for more than one continuous year.

Grounds for Divorce (DRL §170) — Paragraph by Paragraph

Paragraph 3 of UD-1 is the grounds paragraph. New York recognizes seven grounds under DRL §170, and you must plead the specific subsection that fits your facts. The grounds are not interchangeable, and the wrong one will draw a return for correction from the matrimonial clerk.

DRL §170(1) — Cruel and Inhuman Treatment

This ground requires conduct by the defendant that endangers the plaintiff’s physical or mental well-being so that continued cohabitation is unsafe. The leading case is Hessen v. Hessen, 33 N.Y.2d 406 (1974), which set a high bar especially in long marriages. You must plead specific dates, places, and acts, not generalities.

The consequence of pleading cruelty without specifics is dismissal under CPLR §3013 for failure to state a cause of action. A real-world example: Carla pleads that on June 4, 2024, in the kitchen of 123 Main Street, Yonkers, defendant struck plaintiff in the face causing a bruised cheek requiring medical attention at Mercy Hospital. That is specific enough.

A common misconception is that “we just don’t get along” is cruelty. It is not. That is exactly what DRL §170(7) was created for.

DRL §170(2) — Abandonment

Abandonment under DRL §170(2) requires that the defendant left the marital home for one continuous year or more, without consent and without justification, with intent not to return. Constructive abandonment, including refusal of sexual relations for one year, also qualifies as held in Diemer v. Diemer, 8 N.Y.2d 206 (1960).

The consequence of pleading abandonment with the wrong date is the judge counting the year wrong and rejecting the UD-11 Findings of Fact. Example: Tom pleads that on or about February 1, 2025, defendant left the marital residence at 45 Oak Lane, Albany, without justification, and has remained away for more than one year with no intent to return.

DRL §170(3) — Imprisonment

If the defendant was confined in prison for three or more consecutive years after the marriage, this ground applies. The confinement must be ongoing or recent enough that you file within five years of release, per the statute.

DRL §170(4) — Adultery

Adultery requires proof by a third-party witness or admissible documentary evidence, because under DRL §210 a spouse cannot testify to the act. Pleading adultery in an uncontested divorce is rare and risky because of the proof problem.

DRL §170(5) — Conversion of Separation Judgment

If the spouses lived apart for one year under a judgment of separation, this ground works. It is almost never used today.

DRL §170(6) — Conversion of Separation Agreement

This ground requires a written, signed, acknowledged separation agreement, filing of the agreement with the county clerk, and living apart for one year afterward. The agreement must be acknowledged the same way a deed is, per DRL §236(B)(3).

DRL §170(7) — Irretrievable Breakdown (No-Fault)

Added by the 2010 Laws of New York, Chapter 384, this is the no-fault ground and is now used in over 90% of New York divorces. The statute requires the marriage to be irretrievably broken for a period of at least six months before filing.

You must sign UD-1 stating the relationship has been irretrievably broken for six months or more, and all issues of custody, support, equitable distribution, maintenance, and counsel fees must be resolved before the judge will sign judgment. The case Hoffer-Adou v. Adou, 121 A.D.3d 618 (1st Dept. 2014) confirmed that the plaintiff’s sworn statement of breakdown is enough and cannot be challenged at trial.

A misconception is that both spouses must agree the marriage is broken. They do not. Only one spouse needs to swear to it under Tuper v. Tuper, 98 A.D.3d 55 (4th Dept. 2012).

Walking Through UD-1 Paragraph by Paragraph

UD-1 has roughly 18 numbered paragraphs depending on whether children are involved. Below is what each paragraph asks for and how to fill it in correctly under the official UD-1 instructions.

Caption and Index Number

The caption shows the Supreme Court, County of [your county], the plaintiff’s name in capitals, the defendant’s name in capitals, and the index number you bought from the county clerk for $210. The index number must match every other form in the packet.

If you put the wrong county, the clerk will reject the packet for improper venue under CPLR §509. Venue is the county where either spouse resides. Example: Maria lives in Brooklyn, so the caption reads Supreme Court, County of Kings.

Paragraph 1 — Plaintiff Identification

State your full legal name, address, and age. Do not use nicknames. If you used a different name during the marriage, list both names.

Paragraph 2 — Residency

Check one of the five DRL §230 options as explained above. Write the exact dates of residency.

Paragraph 3 — Marriage Details

State the date of marriage, the city and state where it took place, and whether it was a civil or religious ceremony. If religious, name the officiant and the denomination. This matters because under DRL §253, if the marriage was religious, the plaintiff must take steps to remove any barrier to the defendant’s remarriage.

Paragraph 4 — Grounds

Plead the specific DRL §170 subsection. For no-fault, write: The relationship between plaintiff and defendant has broken down irretrievably for a period of at least six months prior to the commencement of this action, to wit, since on or about [date].

Paragraph 5 — Children

List every child of the marriage by full name and date of birth, including children over 21. If there are no children, write There are no children of the marriage. Under DRL §240, the court keeps jurisdiction over children under 21.

Paragraph 6 — Address History (UCCJEA)

If there are children under 18, list every address where each child lived for the past five years and the names of every person the child lived with. This satisfies DRL §75-i of the UCCJEA.

Paragraph 7 — Custody and Visitation

State the proposed custody arrangement: sole legal, joint legal, sole physical, or shared. Spell out the visitation schedule. The court reviews this against the best interests of the child standard from Eschbach v. Eschbach, 56 N.Y.2d 167 (1982).

Paragraph 8 — Child Support (CSSA)

Plead the Child Support Standards Act, DRL §240(1-b). The 2026 combined parental income cap for presumptive CSSA is $183,000, and the percentages are 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Include the basic child support obligation in dollars.

Paragraph 9 — Maintenance

If maintenance is requested, plead the post-divorce maintenance formula under DRL §236(B)(6). The 2026 income cap is $228,000. State the duration using the statutory advisory schedule, which ranges from 15-30% of the marriage length for marriages of 0-15 years.

Paragraph 10 — Equitable Distribution

Under DRL §236(B)(5), state whether marital property exists, whether you have a separation or settlement agreement that distributes it, and whether either party waives equitable distribution. Attach the agreement as an exhibit.

Paragraph 11 — Insurance and Health Coverage

State who maintains health insurance for the children and how COBRA or other coverage will continue for a non-employee spouse. Insurance Law §3221(p) allows up to 36 months of group continuation in New York.

Paragraph 12 — Prior Actions

State whether any prior matrimonial action exists between the parties in any court. If yes, identify it. Hiding a prior action is fraud on the court.

Paragraph 13 — Military Service

State whether the defendant is on active military duty under the federal Servicemembers Civil Relief Act. If yes, you cannot proceed by default without a stay.

Paragraph 14 — Name Restoration

If the plaintiff wants to resume a former surname, plead it here under DRL §240-a. This is the cheapest way to change your name back.

Paragraph 15 — Counsel Fees

If counsel fees are requested, cite DRL §237. The less-monied spouse is presumptively entitled to fees.

Wherefore Clause

The Wherefore clause asks the court to grant a judgment of divorce dissolving the marriage and to award the specific relief pleaded above. Do not ask for relief you did not plead.

Verification

The last page is the verification under CPLR §3020. You sign before a notary and swear the contents are true to your own knowledge.

Three Real-World Scenarios

Filer Situation	What Goes on UD-1
No-fault, no kids, short marriage, no assets	Check DRL §170(7), write “no children of the marriage,” waive equitable distribution and maintenance, request name restoration if desired
No-fault, two kids, jointly owned house	Check DRL §170(7), list both kids and 5-year address history, plead CSSA at 25%, plead equitable distribution per attached settlement agreement
Abandonment, no kids, retirement accounts	Check DRL §170(2) with date defendant left, plead one-year separation, plead equitable distribution of pensions per QDRO to be entered

Concrete Named Examples

Maria Lopez of Brooklyn files UD-1 against David Lopez, married in Manhattan on June 12, 2018, two minor children ages 5 and 7, both children living in Brooklyn since birth. Maria checks Option 2 residency, pleads DRL §170(7), lists both children, attaches a stipulation of settlement, and pleads CSSA at 25% of David’s $80,000 gross income, equaling $16,720 per year after FICA deductions.

Jamal Carter of Queens files UD-1 against Priya Carter, married in Las Vegas in 2020, no children, married seven years. Jamal checks Option 5 (two-year residency), pleads DRL §170(7), states there are no children of the marriage, waives maintenance, and pleads equitable distribution per a separation agreement signed and acknowledged on April 1, 2026.

Carla Russo of Yonkers files UD-1 against Frank Russo on cruelty grounds under DRL §170(1), pleading three specific incidents with dates, locations, and witnesses. Carla also pleads CSSA, name restoration to her birth name Russo-Marino, and counsel fees under DRL §237 because Frank earns $250,000 and Carla earns $42,000.

Mistakes to Avoid

• Filing UD-1 before the six-month breakdown period under DRL §170(7) has run, which causes outright dismissal
• Checking two residency boxes in paragraph 2, which the matrimonial clerk reads as a defective pleading
• Forgetting to list a child over 21 in paragraph 5, which the clerk treats as a misrepresentation
• Failing to provide the full five-year UCCJEA address history, which violates DRL §76-h
• Asking for maintenance in the Wherefore clause but not pleading the formula in paragraph 9, which the judge will strike
• Pleading equitable distribution without attaching the signed and acknowledged settlement agreement as required by DRL §236(B)(3)
• Signing the verification without a notary, which voids the entire complaint under CPLR §3020
• Using nicknames or initials instead of legal names in the caption, which makes the judgment unenforceable for deed and title transfers
• Ignoring the military service paragraph, which triggers a 50 U.S.C. §3931 stay if the defendant is active duty

Do’s and Don’ts of Filling Out UD-1

Do’s

• Type the form rather than handwrite it, because clerks favor legibility and most reject illegible handwriting
• Use the most recent version of UD-1 from the official forms page since older versions are returned
• Match every name, date, and address across UD-1, UD-2, UD-6, and UD-11 exactly because mismatches trigger return-for-correction
• Attach the signed settlement agreement as Exhibit A when equitable distribution is pleaded
• Notarize the verification page in front of a New York notary or a notary whose state allows recognition under Executive Law §138

Don’ts

• Don’t plead relief you cannot prove with the UD-8 child support worksheet or other supporting forms
• Don’t combine grounds, because pleading both §170(2) abandonment and §170(7) breakdown confuses the court
• Don’t leave any paragraph blank — write Not Applicable if it does not apply
• Don’t file UD-1 without first buying an index number, because the clerk will not stamp it
• Don’t forget to serve UD-1 with the Summons (UD-1a) within 120 days under CPLR §306-b

Pros and Cons of Filing UD-1 Pro Se

Pros

• Saves thousands of dollars in attorney fees, since average New York uncontested divorces cost $2,500-$5,000 with counsel
• Gives the filer full control over the timing and content of each paragraph
• Available entirely through the free DIY Uncontested Divorce Program from the court system
• Faster filing when both spouses cooperate and the settlement agreement is short
• Allows name restoration in the same case without a separate Civil Court name change petition

Cons

• One paragraph error can cost months of delay because matrimonial clerks return packets in writing only
• Pro se filers often miss the CSSA add-ons for child care, health insurance, and unreimbursed medical
• The maintenance formula in DRL §236(B)(6) is complex, and the wrong duration is hard to undo
• Equitable distribution mistakes about pensions and retirement accounts require a separate QDRO and can leave money on the table
• No attorney-client privilege protects your drafts if the case becomes contested later

Key Entities You Must Know

The New York State Unified Court System publishes the UD-1 form and controls the uncontested divorce program. The Office of Court Administration drafts the official forms.

The matrimonial clerk in each Supreme Court county is the gatekeeper who reviews packets. The county clerk sells index numbers and stamps the summons.

The New York State Division of Child Support Services enforces CSSA orders that come out of UD-1 pleadings. The federal Office of Child Support Enforcement backs up enforcement under Title IV-D of the Social Security Act.

Recap of Key Court Rulings

The Court of Appeals in Lacks v. Lacks clarified that durational residency under DRL §230 is a substantive element, not a subject-matter jurisdiction bar. The Hoffer-Adou v. Adou case made the no-fault ground effectively unchallengeable once sworn.

Tuper v. Tuper held that one spouse’s sworn statement is sufficient under DRL §170(7), ending litigation over no-fault. Hessen v. Hessen set the high bar for cruelty pleadings in long marriages.

Eschbach v. Eschbach established the best interests of the child test that the court applies to paragraph 7. Diemer v. Diemer recognized constructive abandonment, including refusal of sexual relations for one year, as a valid §170(2) ground.

Filing Process After UD-1 Is Drafted

After UD-1 is drafted, signed, and notarized, you buy the index number for $210 from the county clerk, then serve UD-1 along with the Summons on the defendant within 120 days under CPLR §306-b. Service must be personal and made by someone over 18 who is not a party, per CPLR §308.

The defendant then signs Form UD-7 Affidavit of Defendant admitting service and consenting to the relief. The plaintiff signs UD-6 Affidavit of Plaintiff, pays the $125 Request for Judicial Intervention fee, and files the Note of Issue (UD-9).

The court then signs the Judgment of Divorce (UD-11a), and the marriage ends on the date the judgment is entered in the county clerk’s office, not the date the judge signs it.

FAQs

Do I need an attorney to fill out Form UD-1?

No. New York’s DIY Uncontested Divorce Program is designed for pro se filers, but complex assets, children, or maintenance issues make professional help wise.

Can I file UD-1 if my spouse lives out of state?

Yes. As long as one spouse meets the DRL §230 residency test, you can file in New York and serve the defendant in their home state.

Does UD-1 require notarization?

Yes. The verification page on UD-1 must be signed before a notary under CPLR §3020 or the complaint is void.

Can I use UD-1 for a contested divorce?

No. UD-1 is the verified complaint for the uncontested packet only, and contested cases use a separate Summons and Complaint drafted from scratch.

Must I plead the six-month breakdown date exactly?

Yes. Under DRL §170(7), the breakdown must be at least six months before the filing date, and you should plead the approximate start date.

Can I waive maintenance in UD-1?

Yes. You may waive maintenance, but the waiver must also appear in a signed settlement agreement acknowledged under DRL §236(B)(3) to be enforceable.

Will the court adjust child support below CSSA?

Yes, but only with written findings explaining the deviation under DRL §240(1-b)(g) and both parents’ informed consent.

Can I get my maiden name back through UD-1?

Yes. Paragraph 14 lets you request restoration of a former surname at no extra cost under DRL §240-a.

Does UD-1 need to be filed in the county where we married?

No. Venue under CPLR §509 is the county where either spouse currently resides, not where the marriage occurred.

Can I amend UD-1 after I file it?

Yes. You may amend once as of right within 20 days under CPLR §3025(a), and afterward only by leave of court or stipulation.

Is the $210 index number fee waivable?

Yes. Low-income filers may apply for a fee waiver using a Poor Person Application under CPLR §1101.

Does signing UD-1 mean I am divorced?

No. You are divorced only when the Judgment of Divorce is signed by the judge and entered by the county clerk.