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Is it necessary for a complaint in a divorce action to be verified?

  1. Yes, in all cases.

  2. No, if the ground for the divorce is abandonment.

  3. Yes, unless the ground/claim for the divorce is adultery.

  4. No, if there are mutual agreements between parties.

The correct answer is: Yes, unless the ground/claim for the divorce is adultery.

In New York, the requirement for a complaint in a divorce action to be verified is contingent upon the specific grounds for the divorce. A verification means that the person signing the document is affirming under oath that the statements made within are true to the best of their knowledge. When the grounds for divorce involve adultery, the verification requirement is not mandated. This is based on the rationale that such claims are often deeply personal and might involve sensitive evidence that is not easily verified. As a result, allowing a non-verified complaint in cases of adultery acknowledges the complexities involved in establishing such a ground. In contrast, if the grounds for divorce pertain to abandonment, or if there are existing mutual agreements before filing, different rules apply accordingly. These scenarios may necessitate a verified complaint to ensure that the claims can be substantiated, protecting the rights and interests of both parties involved in the divorce process. By affirming that verification is unnecessary when the divorce is sought on the basis of adultery, the law accommodates the nuanced nature of such claims while maintaining procedural integrity overall.