CPLR 2106 Changes: How New York’s Affirmation Rules Simplify Divorce Paperwork

If you’ve been navigating a divorce in New York, you know that the procedural requirements can feel overwhelming. From affidavits to verifications, the paperwork seems endless. But there’s some good news: as of January 1, 2024, New York’s Civil Practice Law and Rules (CPLR) Section 2106 underwent important changes that are making divorce filings significantly simpler for many couples.

What Changed with CPLR 2106?

Historically, New York required that certain legal documents be verified through notarized affidavits—essentially sworn statements that had to be signed in front of a notary public. This requirement added time, cost, and logistical hassles, especially for parties who were working with uncontested divorces and trying to streamline the process.

Effective January 1, 2024, CPLR 2106 now permits parties to use affirmations instead of notarized affidavits for many filings. An affirmation is a statement made under penalty of perjury that carries the same legal weight as an affidavit—but without requiring a notary’s involvement.

This seemingly small change represents a meaningful shift in divorce practice. For couples pursuing uncontested divorces, the simplified requirements mean fewer scheduling obstacles and reduced costs associated with notarization.

How This Affects Your Divorce Filing

The Practical Reality

Under the old rules, the process involved locating a notary, scheduling time to meet with them, paying notarization fees, and ensuring all documents were properly executed in front of that notary. The logistics added up quickly, especially across multiple filings in a matrimonial case.

Now, with affirmations, the process is notably cleaner. Parties can sign their statements at home or in an attorney’s office, and the document still carries full legal weight. For uncontested divorces—where both parties are cooperating and agree on the major issues—this streamlines the administrative burden considerably.

Who Benefits Most?

Self-represented parties benefit significantly from this change. However, even couples working with attorneys see efficiency gains, particularly in cases where parties live in different states or have scheduling conflicts.

Special Considerations: DRL 211 Still Requires Verification

Here’s the critical caveat: while CPLR 2106 now permits affirmations, matrimonial cases have special requirements under Domestic Relations Law (DRL) Section 211.

DRL 211 explicitly requires that certain divorce-related statements and claims be verified—meaning they must be sworn to under penalty of perjury. The good news is that verification now includes both affirmations and notarized affidavits. The change doesn’t eliminate the verification requirement; it simply expands which methods of verification are acceptable.

What Still Requires Verification?

Under DRL 211, verification is still required for several key documents and claims. These include the initial complaint or summons that begins the divorce proceeding, statements regarding asset disclosure, income and financial information that parties must disclose to one another, child support calculations where applicable, and any claims that go to the merits of the case—essentially the substantive factual assertions about the marriage that affect the divorce outcome.

The key point: these statements still must be verified, but you now have the flexibility to use an affirmation rather than seeking out a notary.

Practical Benefits for Uncontested Divorce Clients

1. Reduced Costs Notarization fees, while modest individually, add up across multiple filings in a matrimonial case. Eliminating this requirement reduces your overall legal expenses.

2. Greater Flexibility Parties don’t need to coordinate with notaries. An affirmation can be signed anywhere, at any time, with an attorney or judge present (or in some circumstances, independently).

3. Faster Processing By removing the notarization requirement, turnaround time improves. This is particularly valuable when timing matters—such as when parties want to finalize their divorce before year-end for tax purposes.

4. Accessibility For parties with mobility issues, transportation challenges, or complex scheduling needs, the ability to execute affirmations without a notary removes a meaningful barrier.

What You Need to Know About the Change

The affirmation must still meet specific formal requirements. It must contain the phrase “I am subject to the penalty of perjury” or similar language that indicates the statement is made under oath. The document must be dated and signed by the affiant—the person making the statement. It must clearly state the facts being verified without vagueness or ambiguity. Finally, it must be submitted along with your divorce filing to ensure the court receives it as part of your complete application package.

Courts are still applying the same standards of review. The fact that you’re using an affirmation rather than a notarized affidavit doesn’t change how judges evaluate the truthfulness or completeness of the information you provide. Courts still examine these statements carefully, particularly in contested matters.

Important: This Doesn’t Apply to Everything

While CPLR 2106 has expanded the use of affirmations, some documents still require traditional notarization or other specific execution methods. Powers of attorney, for instance, generally still require notarization under New York law. Certain real estate documents have their own verification requirements that may be separate from the CPLR 2106 changes. Additionally, some financial institutions may have their own rules about which form of verification they’ll accept—a bank might still require a notarized document even though CPLR 2106 permits affirmations for divorce filings.

Practical Takeaways for Your Divorce

If you’re considering an uncontested divorce in New York:

1. Ask your attorney whether your case qualifies for the simplified affirmation process. While most uncontested divorces will benefit, your specific circumstances matter.

2. Understand that verification is still required—the change is about how you verify, not whether you must verify.

3. Plan accordingly. While affirmations are simpler, don’t assume you can skip the verification step entirely. Your attorney needs to ensure all required statements are properly verified.

4. Coordinate with your spouse. In an uncontested divorce, both parties need to execute similar verifications. The CPLR 2106 changes make this process less burdensome for both sides.

The Bottom Line

CPLR 2106’s January 2024 changes represent a practical modernization of New York’s divorce procedures. By permitting affirmations instead of requiring notarized affidavits, the rule removes unnecessary friction from the divorce filing process—without compromising the legal integrity of the filings themselves.

For couples pursuing uncontested divorces, this change is genuinely helpful. It reduces costs, saves time, and makes the administrative process more accessible. However, it’s important to recognize that verification requirements under DRL 211 still apply; the change simply gives parties more flexibility in how to meet those requirements.

Let Our Team Guide You

Navigating New York divorce law—even with procedural improvements—can be complex. At Neuhaus & Yacoob LLC, we focus on helping couples achieve uncontested divorces and prenuptial agreements with clarity and efficiency. Whether you’re starting the divorce process or considering a prenuptial agreement, we’re here to ensure you understand your rights and options.

We serve clients throughout New York and New Jersey. Contact us today for a consultation about your matrimonial matter.

Schedule Your Consultation