Divorce Glossary (NY) | UncontestedNYC

Acknowledgment / Affidavit of Defendant

In an uncontested NY divorce, the defendant signs a notarized statement confirming they received the papers and don’t contest the case. It speeds things up and avoids a default fight.

Affidavit of Service

A sworn, notarized statement by the person who served the papers explaining when, where, and how service was made. Courts love details; sloppy service = delays.

Ancillary Relief

Everything besides ending the marriage: property division, maintenance, custody, parenting time, and support. Even in “uncontested,” these still must be addressed.

Answer / Appearance

A formal response from the defendant. In uncontested matters, they’ll often file an appearance or sign an acknowledgment instead of a contested answer.

Automatic Orders (NY)

Rules that kick in when the case starts: don’t move money around, change insurance, or hide assets without consent or court order. Violations blow up settlements fast.

Barriers to Remarriage (Statement)

A sworn statement (used when relevant) that you’ve removed any religious barriers to remarrying. Required in certain cases; better to include it than trigger a rejection.

Calendar / Call

The list of cases being heard that day. If you’re on for an uncontested submission, you may not need to appear—but if you do, quick and prepared wins.

Child Support (CSSA)

NY’s guidelines for child support. Parties can deviate in a written agreement if they explain why; otherwise the default %s apply based on income and number of children.

Contested vs. Uncontested Divorce

Uncontested: you both agree on everything and sign the papers. Contested: you don’t. Fees, timelines, and stress all multiply in contested cases.

Custody (Legal / Physical)

Legal custody = decision-making; physical custody = where the child lives. Your parenting plan should spell both out clearly.

Default Judgment

If the defendant doesn’t respond after proper service, the court can grant relief by default. Only works if service and papers are clean.

Domestic Relations Law (DRL)

The NY statutes governing divorce, maintenance, property, custody, etc. You’ll see citations like DRL §170(7) (irretrievable breakdown).

Equitable Distribution

NY divides marital property “equitably,” which means fairly—not always 50/50. Separate property (pre-marriage, gifts, inheritance) is usually excluded.

Filing Fee / Index Number

You buy an index number to open the case. Everything you file after that uses the same number. No number, no case.

Grounds (Irretrievable Breakdown)

NY’s “no-fault” ground: the marriage has been broken for at least 6 months and there’s no fixing it. Most uncontested cases use this.

Hearing / Inquest

A brief proof hearing when the court needs testimony (often in defaults). Bring exhibits and keep it tight.

Index Number (see Filing Fee)

See Filing Fee / Index Number.

Judgment of Divorce (JOD)

The final court order ending the marriage and incorporating your agreement. This is the paper you actually need for records and name changes.

Legal Separation

A written agreement (or court order) that settles finances/parenting while you remain married. Sometimes used as a step before divorce.

Maintenance (Spousal Support)

Payments from one spouse to the other, temporary or post-divorce. There are NY formulas, but parties can agree to different numbers with reasons.

Marital vs. Separate Property

Marital = acquired during marriage. Separate = pre-marriage, gifts, inheritances, or agreed exclusions. Keep records, save receipts.

NYSCEF (E-Filing)

New York’s e-filing system. Not every county/judge treats it the same—follow your part rules.

Note of Issue (contested)

Places a contested case on the trial calendar. Uncontested cases usually skip this.

Order to Show Cause (OSC)

A fast-track request for temporary relief (support, custody, restraints). Comes with a judge’s signature and a quick return date.

Parenting Plan

Your custody/parenting-time roadmap. Week-to-week schedule, holidays, travel, exchanges, decision-making, and dispute-resolution clauses.

Plaintiff / Defendant (aka Petitioner / Respondent)

The spouse who files is the plaintiff/petitioner; the other spouse is the defendant/respondent. Titles don’t affect the final outcome.

Pro Se

Representing yourself. Totally legal; not always cheaper in the long run.

RJI (Request for Judicial Intervention)

Asks the court to assign a judge. Often needed if you want orders or the case becomes contested.

Service (Personal / Alternate)

How the defendant is officially given the papers. NY is strict about personal service at the start; alternate methods need court approval.

Stipulation of Settlement

Your signed agreement covering property, support, custody, and more. The judgment “incorporates” it so it’s enforceable.

Summons with Notice / Summons & Verified Complaint

Two ways to start the case. Either include the details up front (complaint) or use a notice and file the complaint later.

Uncontested Divorce

Both spouses sign and submit the required papers and any agreement. No court fight; fewer surprises; faster judgment.

Verification / Notarization

Certain pleadings must be verified (sworn). Many divorce forms require a notary—bring ID, sign in front of them, breathe.