How to Fill Out New York Form UD-12 (w/Examples) + FAQs

You fill out New York Form UD-12 by printing the Affidavit of Defendant from the New York Unified Court System uncontested divorce packet, signing it in front of a notary public, and returning it to the plaintiff so it can be filed with the County Clerk along with the rest of the divorce papers. The form tells the court that the non-filing spouse received the Summons, agrees not to fight the divorce, and waives the right to a formal answer under CPLR §3215.

Almost 70% of New York divorces now move forward as uncontested cases, and UD-12 is the single document that keeps a case in that simple track. A missed signature, a wrong date, or a bad notary block can bounce the entire packet back from the clerk and add months to the timeline.

Here is what this guide will help you do:

• 📝 Fill out every line of UD-12 the right way, line by line
• ⚖️ Match your answers to the grounds pleaded under Domestic Relations Law §170
• 👨‍👩‍👧 Handle child, spousal, and property issues that change UD-12 answers
• 🚫 Dodge the seven most common mistakes that trigger clerk rejections
• ❓ Get clear answers to the questions defendants ask most often

What Form UD-12 Is and Why It Exists

Form UD-12 is the Affidavit of Defendant in the New York uncontested divorce packet published by the Office of Court Administration. It is a sworn statement from the defendant spouse, signed under oath in front of a notary, that confirms the defendant received the Summons, knows about the divorce action, and chooses not to contest it. Without this signed affidavit, the plaintiff cannot place the case on the uncontested calendar and must instead serve papers through a process server and wait out the 20- or 30-day answer window under CPLR §320.

The reason the form exists is consent. New York courts will not grant a divorce judgment without proof that the non-filing spouse had real notice and a fair chance to respond. UD-12 lets the defendant give that proof in writing without ever stepping into a courtroom. The consequence of skipping it is harsh, because the plaintiff must then pay for personal service, file an Affidavit of Service, and may face a default judgment hearing in front of a Justice of the Supreme Court.

A common misconception is that UD-12 creates the divorce or agrees to specific terms like custody or property splits. It does not. The defendant only confirms notice and non-opposition, and any custody, support, or property terms come from a separate written agreement or from the Verified Complaint (UD-2) the plaintiff already filed.

A real-world example helps. Maria lives in Queens and her husband Luis lives in New Jersey. Luis files for divorce on no-fault grounds, mails Maria the packet, and Maria signs UD-12 at her local bank’s notary. Maria has now waived service complications, and Luis can file the full packet at the Queens County Clerk’s Office the same week.

The Federal-State Backdrop

Divorce is a state-law matter, but federal law still touches the edges of the process. The Servicemembers Civil Relief Act protects active-duty military defendants from default judgments, which is why UD-12 includes a non-military affidavit line. Federal tax rules under IRC §71 also affect how spousal maintenance is reported, even though the form itself does not address taxes.

New York then layers its own rules through the Domestic Relations Law and the Uniform Rules for the Trial Courts at 22 NYCRR §202.16. These rules tell the clerk what an uncontested packet must contain, and UD-12 is on every checklist statewide, from New York County to Erie County.

When You Need to File UD-12

You need UD-12 any time the plaintiff wants to keep the case on the uncontested track and the defendant agrees not to fight. The form is filed together with the rest of the packet, including the Verified Complaint UD-2, the Affidavit of Plaintiff UD-7, the Note of Issue UD-9, and the Findings of Fact UD-10. The plaintiff usually prepares the packet, mails or hands UD-12 to the defendant, and the defendant returns it signed and notarized.

The timing matters because UD-12 must be signed after the defendant has received the Summons. A signature dated before service is invalid, and the consequence is a clerk rejection that forces the plaintiff to redo the affidavit. Many defendants sign UD-12 the same day they receive the packet, which is allowed and often the cleanest path.

A common misconception is that UD-12 replaces personal service. It does not replace service in the legal sense, but it acts as the defendant’s acknowledgment of service and waiver of the formal answer, much like the federal waiver under Fed. R. Civ. P. 4(d). The practical effect is the same: no process server, no 20-day wait, no default motion.

David in Brooklyn sends his wife Anna the divorce packet by certified mail. Anna signs UD-12 three days later, mails it back, and David files the full packet within the same month. Without UD-12, David would have paid roughly $100 for a process server and waited at least 20 more days under CPLR §3012.

Step-by-Step: Filling Out Every Line of UD-12

Form UD-12 is two pages, but every line carries weight. Below is a walkthrough of each section, with the plain-English meaning, the consequence of getting it wrong, and a real example.

Caption Block (Top of Page 1)

The caption is the heading that names the court, the county, the parties, and the index number. The plaintiff’s name goes on the top line and the defendant’s name on the bottom line, exactly as they appear on the Summons UD-1. The index number comes from the County Clerk and is purchased for $210 under CPLR §8018.

A misspelled name or wrong index number is the single most common reason a clerk rejects the packet. The consequence is a return-mail delay of one to three weeks, plus a re-notarization fee. Sarah Chen learned this the hard way when her packet was rejected because the index number was off by one digit, costing her an extra trip to the New York County Clerk.

State and County of Notarization

Right under the caption, the form opens with State of New York, County of ____. The defendant fills in the county where the notary signs, not the county where the case is filed. If the defendant signs in Nassau County but the case is in Kings County, the line reads Nassau.

Getting this wrong invalidates the notarization under Executive Law §135, and the affidavit is treated as unsworn. The consequence is a full do-over. A common misconception is that the county must match the case county, but the law only cares about where the oath was actually taken.

Paragraph 1: Identity and Capacity

This paragraph asks the defendant to state their name, that they are the defendant in the action, and that they are over 18 years of age and competent to swear to the facts. The defendant writes their full legal name, matching the Summons, and confirms competency.

The reason this line exists is that an affidavit from a minor or an incompetent adult is void under CPLR §1201. The consequence of a name mismatch is a sworn-statement defect, which the clerk will flag.

Paragraph 2: Receipt of Summons

The defendant states the date the Summons was received and how it was received, such as by mail, in person, or by email if agreed. The date must be on or after the date the index number was purchased.

If the date is before the index number date, the service is a legal nullity under CPLR §304, because no action existed yet. The consequence is dismissal of the entire case. James O’Connor in Albany once dated this line a week early and had his case dismissed without prejudice, forcing a refile and a new $210 fee.

Paragraph 3: Waiver of the 40-Day Waiting Period

New York requires a 40-day waiting period between service and entry of judgment in some uncontested cases. UD-12 lets the defendant waive that period so the case can move faster.

The waiver is optional, but most defendants sign it because it shaves more than a month off the timeline. The consequence of not waiving is simply a longer wait, not a defect.

Paragraph 4: No Answer, No Contest

The defendant confirms they will not file an answer or otherwise oppose the divorce. This is the heart of the form, because it locks the case onto the uncontested calendar.

If the defendant later changes their mind and files an answer anyway, the case moves to the contested track and a Preliminary Conference is scheduled under 22 NYCRR §202.16(f). The consequence is months of litigation and likely attorney fees.

Paragraph 5: Grounds Acknowledgment

The defendant acknowledges the grounds for divorce pleaded in the Verified Complaint. New York recognizes seven grounds under DRL §170, including irretrievable breakdown for at least six months, cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more years, adultery, and conversion of a separation judgment or agreement.

When the grounds are no-fault under DRL §170(7), the defendant simply confirms the marriage has been irretrievably broken for at least six months. When the grounds are fault-based, like cruelty under DRL §170(1), the defendant acknowledges the allegations without admitting personal wrongdoing in most cases.

A common misconception is that signing UD-12 means agreeing the defendant did the bad acts. In practice, courts treat the acknowledgment as confirming that the grounds are pleaded and the defendant will not contest them. The consequence of this nuance was litigated in Palermo v. Palermo, 100 A.D.3d 1453, where the Fourth Department upheld a no-fault dismissal even where one spouse disputed the breakdown timeline.

Paragraph 6: Children of the Marriage

This paragraph asks whether there are children under 21 of the marriage and, if so, lists their names and dates of birth. The defendant confirms the information matches the Verified Complaint.

If the children data is wrong, the Child Support Standards Act calculations later in the packet will be wrong too, and the judge can reject the proposed support order. The consequence is a re-do of the entire support worksheet, often weeks of delay.

Priya Patel and her husband had two children, but only one was listed on UD-12 by mistake. The judgment was held up until both children were properly listed and a corrected Child Support Worksheet UD-8(2) was filed.

Paragraph 7: Settlement Agreement or Stipulation

If the parties signed a written separation or settlement agreement, the defendant confirms the date and that the agreement remains in force. The agreement controls custody, support, maintenance, and property division.

Without an agreement, the court applies default rules from DRL §236(B) for equitable distribution and DRL §240 for custody. The consequence of skipping this paragraph when an agreement exists is that the judge may not enforce the agreement, leaving terms open to challenge.

Paragraph 8: Non-Military Statement

The defendant confirms they are not on active military duty. This statement protects the case from later attack under the Servicemembers Civil Relief Act, which lets active-duty members reopen default judgments.

If the defendant is on active duty, the form should be modified to include consent under 50 U.S.C. §3931(b)(1). The consequence of a false non-military statement is potential vacatur of the judgment years later.

Signature, Date, and Notary Block

The defendant signs in the presence of a notary, who then completes the jurat with the date, county, and notary stamp. The signature must match the typed name above it.

A signature without a notary is worthless under CPLR §2309, and the consequence is a clerk rejection. Most banks, UPS Stores, and public libraries offer notary service for under $5.

Three Common UD-12 Scenarios

Defendant Situation	UD-12 Outcome
No children, no assets, both spouses agree to no-fault grounds	Defendant signs UD-12 with paragraphs 6 and 7 marked not applicable, case closes in 8 to 12 weeks
Two minor children, signed settlement agreement, no-fault grounds	Defendant signs UD-12 confirming children and agreement dates, judge reviews CSSA worksheet before signing judgment
Defendant lives out of state, fault grounds (abandonment) pleaded	Defendant signs UD-12 in their home state before a notary, paragraph 5 acknowledges abandonment grounds without admitting fault

Mistakes to Avoid

The seven mistakes below cause the majority of UD-12 rejections at the New York County Clerk and other county clerks across the state.

• Signing UD-12 before the index number was purchased, which voids service under CPLR §304
• Using a notary from a different state without an out-of-state acknowledgment certificate attached
• Listing the wrong county on the State and County of Notarization line, which invalidates the jurat
• Misspelling either spouse’s name so it does not match the Summons UD-1
• Leaving the children paragraph blank when minor children exist, blocking CSSA review
• Forgetting to initial the 40-day waiver, which adds weeks to the timeline
• Submitting a photocopy of the notary stamp instead of the wet-ink original, which most clerks reject under 22 NYCRR §202.5

Do’s and Don’ts for UD-12

• Do read the Verified Complaint UD-2 carefully before signing, because UD-12 confirms the grounds pleaded there
• Do bring photo ID to the notary, since Executive Law §135-a requires the notary to verify identity
• Do keep a copy of the signed UD-12 for your own records, in case the original is lost in transit
• Do confirm the index number with the plaintiff before signing, to avoid the date trap in paragraph 2
• Do ask a Court Help Center for free guidance if any line is unclear
• Don’t sign UD-12 if you actually want to contest custody, support, or property, because you waive your right to answer
• Don’t alter the pre-printed language on the form, because clerks reject any non-standard UD-12
• Don’t date the form earlier than the day you actually sign, even to help the plaintiff
• Don’t rely on a remote online notarization unless your county clerk accepts it under Executive Law §135-c
• Don’t mail the original by regular post without tracking, because a lost original means a re-do

Pros and Cons of Signing UD-12

• Pro: The case moves to the uncontested calendar and usually finishes within three months under 22 NYCRR §202.16
• Pro: The defendant avoids appearing in court, which saves time and travel costs
• Pro: Filing fees stay low because no motion practice is needed under CPLR §8020
• Pro: Both spouses keep more privacy because there is no public hearing
• Pro: Attorney fees drop sharply when the case stays uncontested, often by 60% or more
• Con: The defendant gives up the right to file an answer and raise defenses
• Con: Any errors in the Verified Complaint may go unchallenged once UD-12 is signed
• Con: A signed settlement agreement becomes much harder to modify after judgment under DRL §236(B)(3)
• Con: The defendant must trust the plaintiff to file accurate financial disclosures
• Con: Out-of-state defendants must still find a notary, which can be inconvenient

Three Named Examples in Practice

Carlos Rivera of the Bronx received divorce papers from his wife on a no-fault basis with no children. He signed UD-12 at his credit union notary the same afternoon, and the Bronx County Clerk entered judgment 11 weeks later with no court appearance.

Aisha Thompson of Buffalo had two minor children and a signed settlement agreement covering joint custody. She filled out UD-12 carefully, listing both children with correct birth dates, and the Erie County Supreme Court approved the Child Support Standards Act calculations on the first review.

Daniel Goldstein, a defendant living in Florida, signed UD-12 before a Florida notary and attached the required out-of-state certificate. The Kings County Clerk accepted the affidavit, and the divorce judgment was signed within 14 weeks.

Filing the Completed UD-12

Once UD-12 is signed and notarized, the defendant returns it to the plaintiff. The plaintiff then files it with the rest of the uncontested packet at the County Clerk’s office where the index number was purchased, paying the Note of Issue fee of $125 and the Request for Judicial Intervention fee where required.

The clerk routes the file to a Justice of the Supreme Court, who reviews the Findings of Fact UD-10 and signs the Judgment of Divorce UD-11. The consequence of any defect at this stage is a return for correction notice, which the plaintiff must fix within 60 days under local clerk rules.

A common misconception is that the divorce is final the moment the judge signs. The judgment is final only when the County Clerk enters it, which can be days later, and the parties become legally divorced on that entry date.

Recap of Key Court Rulings

The case A.C. v. D.R., 32 Misc.3d 293 confirmed that a properly executed UD-12 satisfies due process even where the defendant later regrets signing. The Second Department in Tuper v. Tuper, 98 A.D.3d 55 held that no-fault grounds under DRL §170(7) are not subject to a defendant’s veto, which makes UD-12 a clean acknowledgment rather than a substantive admission.

The Court of Appeals in Mahoney-Buntzman v. Buntzman, 12 N.Y.3d 415 reminded litigants that judicial admissions in matrimonial affidavits, including UD-12, can bind a party in later proceedings. The consequence is that defendants should treat every line as a sworn statement that may surface again if support, custody, or equitable distribution is later modified.

FAQs

Do I need a lawyer to sign UD-12?

No. You can sign UD-12 without a lawyer, but a brief consultation with a matrimonial attorney is wise if children, real estate, or retirement assets are involved, because the waiver is binding.

Can I sign UD-12 if I disagree with the grounds in the complaint?

No. If you dispute the grounds, do not sign UD-12. Instead, file a verified answer within 20 or 30 days under CPLR §3012 and the case will move to the contested track.

Is a remote online notary allowed on UD-12?

Yes. New York permits remote notarization under Executive Law §135-c, but check with the County Clerk first because some clerks still prefer wet-ink originals.

Does UD-12 cost any money to file?

No. UD-12 itself has no filing fee, but the overall uncontested packet costs about $335 in court fees including the index number and Note of Issue.

Can I revoke UD-12 after I sign it?

No. Once UD-12 is filed with the clerk, you cannot simply withdraw it. You would need to move under CPLR §5015 to vacate, which requires a strong reason like fraud or duress.

Do both spouses sign UD-12?

No. Only the defendant signs UD-12. The plaintiff signs the matching Affidavit of Plaintiff UD-7 instead.

Is UD-12 valid if I sign in another state?

Yes. A defendant living outside New York can sign before a local notary, but must attach a certificate of authentication where required by the county clerk.

Does signing UD-12 affect child custody?

No. UD-12 does not decide custody. Custody is set by a separate written agreement or by the court under DRL §240, and UD-12 only confirms non-opposition to the divorce itself.

Can I sign UD-12 if I am on active military duty?

Yes. Active-duty servicemembers can sign UD-12, but should add language consenting to the action under the Servicemembers Civil Relief Act to avoid later vacatur.

Will UD-12 show up in a public records search?

Yes. UD-12 becomes part of the court file, but matrimonial records in New York are sealed for 100 years under DRL §235, so general public access is limited.

Do I have to appear in court after signing UD-12?

No. In a true uncontested case, no appearance is required. The judge reviews the papers in chambers and signs the Judgment of Divorce UD-11 without a hearing.

Can UD-12 be used in a same-sex divorce?

Yes. UD-12 applies to all marriages recognized under DRL §10-a, and the form’s gender-neutral language has been standard since the 2011 Marriage Equality Act.