This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Verified Complaint Form For Divorce In New York
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The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have “grounds” in order to get divorced.
If the party is a corporation, then the verification must be made by an officer. CPLR § 3020(d)(1); Smart Code. If the party is a foreign corporation, then the verification may be made by an authorized agent or attorney with personal knowledge of the material allegations of the pleading.
Where a certified copy of a paper is required by law, an attorney admitted to practice in the courts of the state may certify that it has been compared by him with the original and found to be a true and complete copy. Such a certificate, when subscribed by such attorney, has the same effect as if made by a clerk.
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
If the complaint is verified by a party, agent, or attorney with personal knowledge, you satisfy one of the requirements for seeking entry of a default judgment, which requires proof of the facts constituting the claims. CPLR § 3215(f); Court Opinions.
If you were divorced in New York there should be a case that was filed in Supreme Court. You can use the e-courts feature on the NYS courts website to search under your name to see if a case comes up.
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I. (Print Name), am the Plaintiff in the within action for a divorce. I have read the foregoing complaint and know the contents thereof.Field 1: Fill in the county in which the action is brought. Be consistent with other forms. The first form you will you have to fill out is the "Summons With Notice (Form UD-1)" or the "Summons (Form UD-1a)" and "Verified Complaint (Form UD-2). I am the Defendant in the within action for divorce, and I am over the age of 18. New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint. All forms are on NYCOURTS. Uncontested matrimonial actions can be e-filed at the New York State Courts Electronic.