New York Consolidated Laws

N.Y. Domestic Relations Law § 211 (2026)

Pleadings, proof and motions

✓ current as of May 2026

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§ 211. Pleadings, proof and motions. A matrimonial action shall be
commenced by the filing of a summons with the notice designated in
section two hundred thirty-two of this chapter, or a summons and
verified complaint as provided in section three hundred four of the
civil practice law and rules. A final judgment shall be entered by
default for want of appearance or pleading, or by consent, only upon
competent oral proof or upon written proof that may be considered on a
motion for summary judgment.  Where a complaint or counterclaim in an
action for divorce or separation charges adultery, the answer or reply
thereto may be made without verifying it, except that an answer
containing a counterclaim must be verified as to that counterclaim. All
other pleadings in a matrimonial action shall be verified.

Notes of Decisions

Cited in 16 cases, 1986–2014 · leading case: Otto v. Otto, 150 A.D.2d 57 (N.Y. App. Div. 1989).

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Otto v. Otto, 150 A.D.2d 57 (N.Y. App. Div. 1989). · cites it 3× “Ettinger (supra) should be compared with the earlier case of Hetler v Hetler ( 98 Misc 2d 529 ), which, relying upon Domestic Relations Law § 211, held that a default judgment of divorce could be entered solely upon written papers.”

Dervisevic v. Dervisevic, 89 A.D.3d 785 (N.Y. App. Div. 2011). “Contrary to the defendant’s contentions, the plaintiff properly served the defendant personally with a summons and notice, which had written upon its face that it was an “Action for a divorce,” and which specified the nature of the ancillary relief demanded (see Domestic…”

Kellerman v. Kellerman, 187 A.D.2d 906 (N.Y. App. Div. 1992). “It is axiomatic that the presence of competent oral or written proof, of a kind that is sufficient to support a motion for summary judgment, is a necessary prerequisite to the entry of a divorce judgment in situations such as this involving an uncontested action (see, Domestic…”

Elkaim v. Elkaim, 123 A.D.2d 371 (N.Y. App. Div. 1986). “The fact that the defendant indicated in his posttrial memorandum that he did not dispute the granting of a judgment to the plaintiff on the basis of abandonment is insufficient to sustain the trial court’s determination that the defendant abandoned the plaintiff. A judgment of…”

O'Brien v. O'Brien, 149 A.D.2d 830 (N.Y. App. Div. 1989). “We note that the final decree refers to supportive findings of fact and conclusions of law (see, Domestic Relations Law § 211), but these are not included in the record on appeal.”

Lewis v. Lewis, 118 A.D.3d 958 (N.Y. App. Div. 2014). “Contrary to the plaintiffs contentions, the divorce was properly granted on the consent of the parties, based upon a so-ordered stipulation that had been entered into prior to trial and an affidavit of the plaintiff acknowledging that, for a period of at least one year prior to…”

Dodd v. Colbert, 64 A.D.3d 982 (N.Y. App. Div. 2009). “All pleadings in matrimonial actions must be verified, unless they are in response to charges of adultery (see Domestic Relations Law § 211). Even where adultery is not alleged as a ground, portions of a pleading are not required to be verified if they concern matters that the…”

Carpenter v. Carpenter, 278 A.D.2d 695 (N.Y. App. Div. 2000). “* Appointment of a confidential law clerk as Referee in this action was clearly improper (see, Judiciary Law § 251-a; CPLR 4312 [3], [5]) and should not have been done.”

Harris-Logan v. Logan, 228 A.D.2d 557 (N.Y. App. Div. 1996). · cites it 2× “Domestic Relations Law § 211 was amended to provide that matrimonial actions shall be commenced by the filing of the summons with notice (L 1992, ch 216, § 21).”

Niemiec v. Niemiec, 180 Misc. 2d 207 (N.Y. Sup. Ct. 1999). “Domestic Relations Law § 211 sets forth the manner in which a matrimonial action shall be commenced, to wit: “by the filing of a summons with the notice designated in section two hundred thirty-two of this chapter, or a summons and verified complaint as provided in section three…”

Youngkrans v. Youngkrans, 245 A.D.2d 1142 (N.Y. App. Div. 1997). “A judgment of divorce may be entered on consent “only upon competent oral proof or upon written proof that may be considered on a motion for summary judgment” (Domestic Relations Law § 211). There was no oral proof in this case, nor any written proof other than the verified…”

Holcomb v. Holcomb, 137 A.D.2d 921 (N.Y. App. Div. 1988). “A divorce may not be granted by consent or default in the absence of any oral or written proof to satisfy one of the statutory grounds for divorce (Domestic Relations Law § 211). Thus, the judgment must be reversed and the matter remitted to Supreme Court.”

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