Common mistakes that delay a New York uncontested divorce

Mistakes the court sees most often

1. Names, dates, or other details do not match across the papers (for example, a middle name on one form but not another, or different birth dates for the children).
2. Errors that proofreading would catch, such as leaving 'other than what was already agreed to in a written agreement' in an affidavit when there is no agreement. The court will think an agreement exists and was not submitted.
3. Documents uploaded incorrectly (not following the county's upload instructions).
4. Defendant's affidavit (UD-7) signed before the summons was filed.
5. Relief requested (for example child support, maintenance, property division) is not listed in the Summons with Notice or Verified Complaint and repeated in the Plaintiff's affidavit (UD-6).
6. Prior court orders (such as Family Court support or custody orders) are missing. A full, legible copy is required.
7. Separation agreement or settlement is missing, has no proof of filing and fee payment with the County Clerk, or is not acknowledged in the special form used for deeds.
8. Affidavit of service (UD-3) is missing. The server must be someone other than you and over 18.
9. Affidavit of service is incomplete: no description of the person served, a missing photo, service on a Sunday, or military-service questions left blank.
10. No proof that the three required notices were served (Maintenance Guidelines Notice, Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage).
11. Summons is missing or is not a divorce summons. It must say 'Action for Divorce.'
12. Required documents or information are missing or incomplete (affidavits, worksheets, Certificate of Dissolution, UCS-111, Case Registry form, blank health-insurance fields), or the summons does not state the basis of venue.
13. Required child support language is missing from the agreement, affidavits, findings or judgment, or the documents do not all state the same thing.
14. The parties try to 'waive' the Child Support Standards Act instead of properly 'deviating' from it. At least $25 a month is required unless the court finds that unjust, and you cannot agree to no child support.
15. Social Security numbers are missing or redacted. They are required in all cases.
16. Papers are in the wrong format: two-sided copies, or not white paper with black ink.
17. Corrections made to an affidavit after it was notarized. It must be redone and notarized again.
18. Notarization problems: not notarized, notary's commission expired, not signed in front of the notary, or improper foreign notarization.
19. Improper service outside the United States.
20. Papers submitted improperly: no email or fax contact, fees not paid to the County Clerk first, or (if e-filing) the Note of Issue and RJI not uploaded separately on NYSCEF.

The court’s list predates some form updates; for example, several forms now say “Affirmation” where the list says “Affidavit”.

How LawCat helps

LawCat fills every form from one set of answers, so names, dates and children’s details match across the packet. You still sign, notarize where required, serve your spouse and file.

Questions people ask

Why was my New York divorce paperwork sent back?

The most common reasons on the court’s list are details that don’t match across forms, missing proof of service or required notices, missing prior orders or agreements, and notarization problems.

Last checked against official New York court sources on October 1, 2026.

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