Affidavit Requirements for Uncontested Divorce in New York

Affidavits are sworn statements required at various stages of your uncontested divorce. Understanding which affidavits you need prevents delays.

What is an Affidavit?

An affidavit is a written statement made under oath before a notary public. Lying in an affidavit is perjury.

Required Affidavits

1. Affidavit of Defendant (Form UD-6)

Your spouse acknowledges receiving divorce papers and consents to divorce.

2. Sworn Statement of Removal of Barriers to Remarriage

Required by NY law even if no religious barriers exist. Form UD-4 for plaintiff, UD-5 for defendant.

3. Affidavit of Plaintiff (Form UD-7)

Plaintiff swears to facts supporting divorce judgment including marriage date, residency requirements, grounds for divorce, and children.

4. Affidavit of Service

Proves defendant was properly served with divorce papers. Completed by person who served papers.

Proper Notarization Requirements

1. Personal appearance before notary
2. Present valid photo ID
3. Sign in presence of notary
4. Swear statement is true
5. Notary completes jurat, stamps, signs

Common Mistakes

• Signing before seeing notary (invalid)
• Expired notary commission
• Missing information
• Using outdated forms
• Inconsistent statements

Remote Online Notarization

NY now allows remote online notarization with authorized notaries using live audio-visual technology.

Need affidavit review? Our NYC attorneys can help. Contact us today.