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New York StateUnified Court System

Matrimonial (Divorces) FAQs


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


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 the divorce -- including any issues, such as child support, custody and visitation and marital assets -- you may obtain and complete the papers for an uncontested divorce, available in the Kings Supreme Court Help Center, or on the court website. 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 filing fees will be somewhat higher depending on how much motion practice will be involved. There are no forms available for contested divorces.

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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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