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New York StateUnified Court System

Matrimonial (Divorces)


Overview

360 Adams Street, 10th Floor North
Brooklyn, NY 11201
347-296-1714

This office receives and processes all applications for matrimonial (divorce) proceedings in Kings County.

Requests for relief during the pendency of the divorce as well as post judgment applications (those requests made after the divorce is final), are filed with the matrimonial office.

Once reviewed by the matrimonial office, the matter is calendared for a court appearance, or forwarded to the assigned justice for signature, depending on the relief requested.

The matrimonial clerks are responsible for scheduling Preliminary Conferences, processing uncontested divorces and notifying parties when judgments are signed or rejected due to defects that must be corrected.

Emergency applications are made in this office requiring immediate appearances before the court.

All signed orders from the matrimonial judges are processed through the matrimonial clerk's office. The public service counter for both attorneys and self-represented litigants is open from 9:00 AM to 5:00 PM each day the court is in session.

Check-lists, procedural rules, including the judges' motion days, and forms are distributed at the counter to ensure that papers are submitted in proper form.

Frequently Asked Questions | Sample Forms | Additional Resources


Frequently Asked Questions

1. How can I correct my divorce papers if there is something wrong with them?

2. How do I get a divorce and how much does it cost?

3. Is someone else able to pick up or drop-off my divorce papers?

4. I cannot find my spouse, can I still file for divorce?

5. I want to file for a divorce, but I cannot afford to pay the filing fees, I am not working at this time, what can I do?

6. When am I officially divorced?

7. In a matrimonial action, when do I file a motion and when do I file an order to show cause?

8. What do I do if my spouse is not complying with the divorce judgment order?


1. How can I correct my divorce papers if there is something wrong with them?

You must amend the judgment, which requires you to file an Order to Show Cause with an Affidavit in Support.

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2. How do I get a divorce and how much does it cost?

If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation and marital assets -- you may obtain and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Kings Supreme Court Help Center, or printing them from the court's website.

If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. For more information visit the court’s Divorce Resources page and the Kings Supreme Court Matrimonialpage. The filing fees include $210.00 for the index number and $125.00 for the note of issue. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved.

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3. Is someone else able to pick up or drop-off my divorce papers?

Matrimonial files are confidential and available only to the parties or their attorneys. If you are having someone else pick up your papers, you must provide them with a notarized letter authorizing the County Clerk or Supreme Court to allow them to view your file and/or copy papers in the file, including the judgment of divorce.

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4. I cannot find my spouse, can I still file for divorce?

Personal service of the initial divorce papers (summons with notice or summons and complaint) is required by statute. In the event the plaintiff (person starting the divorce) cannot locate their spouse, they must get permission from the court for an alternate means of service, by filing a motion for such relief.

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5. I want to file for a divorce, but I cannot afford to pay the filing fees, I am not working at this time, what can I do?

You can request that the court waive your fees in your divorce action by completing the forms for a poor person order and submitting them with your summons and complaint and proof of income to the Matrimonial Clerk's office.

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6. When am I officially divorced?

The parties in a matrimonial action are divorced once the judgment of divorce is signed by the judge. In an uncontested divorce, if a postcard is submitted with the papers, you will be notified by the court when the judgment of divorce has been signed by the court. In a contested divorce, although during the court proceeding the judge may have ordered that the parties are divorced verbally, until the attorneys have submitted the judgment to the court for signature and it has been signed, you are not yet divorced.

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7. In a matrimonial action, when do I file a motion and when do I file an order to show cause?

All post judgment requests (matters submitted to the court after the judgment of divorce has been signed) must be submitted by order to show cause. Requests for relief while the case is still going on can be done by notice of motion, but the return date, unless ordered otherwise by the court, must be only on the judge's motion dates. There is a $45.00 motion fee for all motions and orders to show cause.

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8. What do I do if my spouse is not complying with the divorce judgment order?

You must file an Order to Show Cause to enforce the judgment. You must include a copy of the original divorce with notice of entry and proof of service on your spouse with your order to show cause and an affidavit of support. If you believe it is an emergency application, you must also file an affidavit of emergency. If you are filing as an emergency, you may not have someone other than you file these papers because you may be required to appear before the judge at the time that you are filing.

 

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Sample Forms

Revised October 12, 2012

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Statewide Matrimonial Forms

Kings Supreme Motion Filing Instructions

Kings Supreme Preliminary Conference (PC) Checklist

Kings Supreme Order to Show Cause (OSC) Checklist - Updated October 12, 2012

Kings Supreme Uncontested Matrimonial Checklist - Added October 12, 2012

Uncontested Divorce Do-It-Yourself (DIY) Program

 

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Additional Resources

Kings Supreme Uniform Matrimonial Rules

Kings Supreme Matrimonial Judge's Rules

 

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