UD-1 New York Summons with Notice facilitates the process of lawful divorce by summoning the defendant before the Supreme Court of the State of New York of the concerned county.
Specify the grounds for the dissolution of the marriage from the options among DRL §170(1) to DRL §170(7) as appropriate in section 13 of the Summons with Notice. Furnish all details truthfully and legibly. The document has 14 parts and furnishing particulars in each part is mandatory. Review the document carefully before proceeding as it is a legal instrument under the jurisdiction of the Supreme Court of the State of New York of the concerned county.
Define the role of the plaintiff and defendant carefully to avoid ambiguity of any sort. The court passes the order in favor of the plaintiff in the event of non-attendance of the defendant upon serving the summons and the notice.
UD-1 New York Summons with Notice has 14 parts.
Begin by providing the name of the county. Furnish Index number, date of filing the summons, Plaintiff designates, county/venue of the trial, and residential address of plaintiff/defendant as applicable. Specify the basis of the venue in the space provided for the same. Continue by providing the name of plaintiff and the defendant in the respective fields to define the roles.
Select plaintiff or attorney of the plaintiff followed by inserting the date. Enter the name of the plaintiff or the attorney of the plaintiff, provide address, and phone number. Specify whom the address belongs to by selecting the right box.
Section 13 requires the input of the grounds for seeking dissolution of the marriage. Options available are DRL §170(1) – cruel and inhuman treatment; DRL §170(4) – adultery; DRL §170(2) – abandonment; DRL §170(5) – living apart one year after separation decree or judgment of separation; DRL §170(3) – confinement in prison; DRL §170(6) – living apart one year after the execution of a separation agreement; DRL §170(7) – irretrievable breakdown in the relationship.
Form UD-1 requests relief for a judgment of divorce in favor of Plaintiff dissolving the marriage between both the parties. Provide the details of additional or ancillary relief if requested in part 14 of the form. Specify the nature of the relief requested in detail. Page 14 of the form contains instructions for the same. Complete the form UD-1 by selecting the right one among four options listed below. Select the most appropriate option. Making the right choice in this part of the form UD-1 is utmost necessary.
Text version of this Form
———————– Page 1———————–
1 SUPREME COURT OF THE STATE OF NEW YORK Index No.:
2 3 COUNTY OF Date Summons filed:
4 ——————————————————————–X Plaintiff designates
5 County as the place of trial
The basis of venue is:
-against- SUMMONS WITH NOTICE
Plaintiff/Defendant resides at :
ACTION FOR A DIVORCE
To the above named Defendant:
9 YOU ARE HEREBY SUMMONED to serve a notice of appearance on the Plaintiff
OR Plaintiff’s Attorney(s) within twenty (20) days after the service of this summons, exclusive
of the day of service (or within thirty (30) days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear,
judgment will be taken against you by default for the relief demanded in the notice set forth below.
10, 11 Dated ________________ Plaintiff
Attorney(s) for Plaintiff
12 Phone No.:
13 NOTICE: The nature of this action is to dissolve the marriage between the parties, on the
grounds: **DRL §170 subd.____ – __________________________________
The relief sought is a judgment of absolute divorce in favor of the Plaintiff dissolving the marriage
between the parties in this action.
14 The nature of any ancillary or additional relief requested (see p.14 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;
NONE – I am not requesting any ancillary relief;
AND any other relief the court deems fit and proper
**Read pp. 3-5 of Instructions and insert the grounds for the divorce:
DRL §170(1) – cruel and inhuman treatment DRL §170(4) – adultery
DRL §170(2) – abandonment DRL §170(5) – living apart one year after separation decree or judgment of separation
DRL §170(3) – confinement in prison DRL §170(6) – living apart one year after execution of a separation agreement
DRL §170(7) – irretrievable breakdown in relationship
(Form UD-1 – Rev. 9/11)