Verifying a Complaint in an Uncontested New York Divorce
In an uncontested divorce where spouses have resolved all issues like asset division and custody, the verified complaint filing requirements differ from a contested case. Proper verification is crucial.
Plaintiff Signs and Verifies Individually
The spouse initiating the divorce and filing the complaint, known as the plaintiff, must individually sign and verify the complaint’s content is true.
No Co-Plaintiff or Co-Petitioner Requirement
New York does not require the non-filing spouse, the defendant, to co-sign or co-verify an uncontested divorce complaint upfront.
Complaint Contents and Verification Language
The complaint lays out factual Verified Complaint New York Divorce assertions like residency, grounds for divorce, date of marriage, and details on any children or assets involved. Verification affirms under oath the truth of these statements.
Option for Defendant to Separately Verify
While not mandatory, the defendant spouse can choose to verify the complaint separately if they agree with its contents. This is less common in uncontested cases.
Drafting a Verification Page
Attorneys draft a separate verification page with specific statutorily-required language affirming the complaint’s truth for the plaintiff to sign before a notary.
Understanding the Ramifications
By verifying, the filing spouse certifies the accuracy of divorce details under penalty of perjury, so completeness and honesty are paramount.
Settlement Agreement Incorporated
In an uncontested case, the spouses’ full marital settlement agreement detailing all resolutions is typically incorporated into the complaint.
Sworn Statements
May Substitute Complaint In some counties, sworn statements by both parties affirming their divorce details can substitute for a traditionally verified complaint altogether.
No Notary Required for Defendant Since the defendant doesn’t verify, their signature doesn’t require notarization initially like the plaintiff’s. However, they may need to verify responses later.
Counter-Claims and Cross-Complaints
If the defendant files any counter-claims or cross-complaints against the plaintiff, those pleadings must separately contain the defendant’s verification.
Only the filing spouse needs to verify the truthfulness of the initial divorce complaint in an uncontested New York divorce through a signed, notarized verification page or sworn statement. The defendant’s participation is not required initially but may occur later if they file other pleadings.
In New York, an uncontested divorce occurs when both spouses agree on all major issues, such as property division, child custody, and support. This streamlined process is typically faster and less expensive than a contested divorce.
While the defendant (the other spouse) does not need to sign or verify the complaint, their cooperation is essential. The defendant must sign an affidavit of defendant, indicating they have received the divorce papers and agree to the terms outlined. This affidavit helps expedite the process by confirming that the divorce is uncontested and that both parties are in agreement.
For an uncontested divorce, only the plaintiff (the spouse initiating the divorce) is required to sign and verify the complaint. This is a formal statement asserting that the marriage is irretrievably broken or that other grounds for divorce exist, such as abandonment or adultery. The plaintiff’s signature must be notarized to ensure its authenticity.