Best Divorce & Separation Lawyers in Brooklyn

About Divorce & Separation Law in Brooklyn, United States

Divorce and separation matters in Brooklyn are governed by New York State law and handled in local courts within Kings County. A divorce legally ends a marriage and resolves related issues such as property division, spousal maintenance, child custody, child support, and parental access. Separation itself is not a distinct court-ordered status in the same way as divorce, but parties can sign a separation agreement that sets out rights and obligations while they live apart. Some family issues - especially those involving children, support, paternity, or orders of protection - may be addressed in Family Court even if a divorce action is pending in Supreme Court.

Cases involving divorce are usually filed in the Kings County Supreme Court - Matrimonial Part. Family Court handles a range of family-law matters, including child support, custody when parents are unmarried, paternity, and orders of protection. Whether you file in Supreme Court or Family Court depends on the relief you need, your marital status, and the specific facts of your situation.

Why You May Need a Lawyer

A lawyer can help you protect your legal rights, explain complex rules, and represent you in court or negotiations. Common reasons to hire an attorney include contested custody or support disputes, significant or complicated assets such as businesses, pensions, or real estate, allegations of domestic violence, disputes over debt allocation, or when one spouse hides assets.

An attorney can prepare or review separation or settlement agreements, draft clear orders that avoid future disputes, request temporary relief such as temporary support or custody arrangements, and enforce or modify existing orders later. Even in an uncontested case, legal advice can ensure that agreements are legally enforceable and that important financial and tax consequences are addressed.

Local Laws Overview

Residency requirements - New York has residency rules that determine where you can file for divorce. Generally, at least one spouse must meet New York residency requirements before filing. The required length of residency and specific conditions vary with the facts of the case.

Grounds for divorce - New York allows no-fault divorce based on an irretrievable breakdown of the marriage. Fault grounds - such as abandonment, adultery, cruel and inhuman treatment, or imprisonment - remain available but are less commonly used now that no-fault divorce exists.

Property division - New York is an equitable-distribution state. Marital property is divided fairly, which does not always mean equally. Courts consider factors such as length of the marriage, age and health of the parties, income and future earning capacity, contributions to the marriage, and any waste or dissipation of assets. Separate property - assets owned before the marriage, inheritances, and gifts to one spouse - is generally excluded, though commingling can change classification.

Child custody and support - Courts decide custody based on the best-interests-of-the-child standard. Custody can be legal (decision-making authority) and physical (where the child lives). Child support follows statutory guidelines that use the parents' incomes and a percentage scale tied to the number of children to calculate support. Courts can adjust guideline amounts for special circumstances.

Spousal maintenance - Courts may award temporary or post-divorce maintenance based on statutory factors including the parties' incomes, marriage duration, age, health, and need for training or education to become self-sufficient. New York has guidelines and formulas that help determine appropriate amounts, but court discretion applies.

Family Court vs Supreme Court - Some issues can be handled in Family Court without a formal divorce. Family Court is often the venue for child support, paternity, custody for unmarried parents, and orders of protection. Divorces and equitable-distribution claims are filed in Supreme Court.

Alternative dispute resolution - Mediation, settlement conferences, and collaborative law are commonly used to resolve disputes outside of trial. Courts often encourage or require settlement efforts before a contested trial.

Frequently Asked Questions

How do I start a divorce in Brooklyn?

To start a divorce you must file a summons and complaint in the Kings County Supreme Court - Matrimonial Part if you meet New York residency requirements. The paperwork must be served on your spouse according to court rules. If you are unsure about residency or venue, consult an attorney or the court clerk for guidance on filing requirements.

What grounds for divorce are available in New York?

New York permits no-fault divorce when the marriage is irretrievably broken. Fault grounds are also available - for example, abandonment, cruel and inhuman treatment, adultery, or imprisonment. Most cases today proceed on the no-fault ground unless one spouse seeks a fault-based advantage for a specific reason.

How will our property be divided?

New York uses equitable distribution to divide marital property. The court identifies marital versus separate property, values the marital estate, and divides it in a manner that the court deems fair. Factors the court may consider include the marriage duration, contributions of each spouse, income and future earning capacity, and any dissipation of assets.

How is child custody decided in Brooklyn?

Custody decisions are based on the best interests of the child. The court evaluates factors such as each parent’s ability to provide for the child, the child’s relationship with each parent, the child’s needs, any history of domestic violence, and the stability of the home environment. Courts may award sole custody, joint custody, or other arrangements tailored to the child’s needs.

How is child support calculated?

Child support in New York follows statutory guidelines that use both parents’ incomes and apply percentage standards based on the number of children. The courts can deviate from the guideline amounts when justified by specific circumstances, such as very high incomes or extraordinary parental expenses for the child.

Can I get spousal support or maintenance?

Yes, spousal maintenance may be awarded if one spouse needs support and the other has the ability to pay. Courts consider factors like earnings and potential earning capacity, duration of the marriage, age and health, and contributions to the other spouse’s education or career. Temporary maintenance can be ordered during the case, and a final maintenance award can be part of the divorce judgment.

How long will my divorce take?

Timing varies widely. An uncontested divorce where the parties settle all issues can be resolved in a matter of months. Contested cases that require litigation can take a year or more, depending on complexity, court schedules, and whether appeals are involved. Cases involving domestic violence, custody disputes, or complex assets typically take longer.

What should I do if I am served with divorce papers?

Read the papers carefully and note any deadlines for responding. Failing to respond by the deadline can lead to a default judgment. Consider consulting an attorney promptly to understand your rights and options, especially if the papers include temporary orders or requests that affect children, support, or possession of property.

Can I get an order of protection if I am threatened or abused?

Yes. If you face threats, harassment, or violence, you can seek an order of protection through Family Court or criminal court. Courts can issue temporary emergency orders and schedule hearings for longer-term protection. If you are in immediate danger, contact law enforcement and seek legal help right away.

Do I have to hire a lawyer, or can I handle the divorce myself?

You can represent yourself - this is called proceeding pro se. For simple, uncontested divorces, self-representation can be feasible if you understand the paperwork and legal consequences. However, in contested cases or when significant assets, debts, child custody, or domestic violence are involved, it is highly advisable to retain an attorney who knows local practice and court procedures.

Additional Resources

Kings County Supreme Court - Matrimonial Part - the court that handles divorce filings and related matrimonial matters in Brooklyn.

Kings County Family Court - handles child support, paternity, custody for unmarried parents, and orders of protection in family-law matters.

New York State Unified Court System - provides forms, procedural information, and self-help resources for family-law cases.

Brooklyn Bar Association - local bar association that can help with lawyer referrals and information about legal clinics.

Legal Aid Society and other legal services organizations - provide free or low-cost legal assistance to eligible people in family-law matters.

Family Justice Centers and domestic-violence agencies - offer coordinated services, safety planning, counseling, and help obtaining orders of protection.

Mediation and collaborative-law services - private or court-affiliated programs that help resolve disputes outside of a contested trial.

Child support enforcement agencies - state and local offices that assist with locating parents, establishing paternity, and collecting support when necessary.

Next Steps

Gather key documents - marriage certificate, children’s birth certificates, tax returns, pay stubs, bank and retirement account statements, mortgage and loan documents, credit card statements, and any existing court orders or separation agreements.

Decide what outcome you want - list priorities such as custody arrangements, support needs, division of specific assets, or preserving a family business. Clear goals make negotiations more effective.

Consider safety - if you or your children are at risk, contact law enforcement, seek emergency orders of protection, and reach out to local domestic-violence resources for immediate help and a safety plan.

Consult an attorney for an initial assessment - ask about experience in Kings County, likely costs, billing structure, and estimated timeline. Bring your documents and a clear list of questions to the consultation.

Explore alternative dispute resolution - if both parties are willing, mediation or collaborative law can save time and expense and preserve more control over the outcome than a court decision.

Respond to court papers on time - if you are served with legal documents, make sure to meet deadlines or seek legal assistance to respond properly and protect your rights.

Keep records - maintain detailed records of communications, incidents, financial transactions, and parenting time. Documentation can be crucial in court or negotiations.

Use local resources - contact court self-help centers, bar association referral services, legal aid organizations, or family-law clinics if you need low-cost or free guidance.

Take care of practical matters - update passwords, secure important financial records, avoid unilateral major financial moves, and do not relocate children out of state without proper legal authorization.

Act promptly - family-law matters often involve time-sensitive steps. Early action, good documentation, and appropriate legal advice help protect your rights and set the case on the best possible path.