A divorce is contested when you and your spouse cannot agree on at least one issue, such as property, support, custody or the divorce itself, so the Supreme Court, Kings County, at 360 Adams Street decides what you cannot settle. Issues can be settled at any stage, but temporary orders, financial disclosure and the court's schedule shape how a contested case moves. Neuhaus & Yacoob handles contested Brooklyn divorces under a written retainer agreement, from an office a short walk from the courthouse.
At a glance
- Court: Supreme Court, Kings County, 360 Adams Street; its Matrimonial Office is on the 10th Floor.
- While the case is pending, the court can order temporary maintenance, child support and counsel fees.
- After a judge is assigned, a preliminary conference is held within 45 days and sets the disclosure schedule (22 NYCRR 202.16(f)).
- Custody is decided on the child's best interests; the court may appoint a lawyer for the child.
- Billed under a written retainer agreement, not a fixed fee.
Contested divorce in Brooklyn
A contested divorce is not necessarily a fight. Often one spouse will not agree, will not disclose, or wants terms the other cannot accept. A contested case gives the court the tools to require financial disclosure, set temporary support and, if necessary, decide the issues after a trial. This page explains how that works in Kings County. For our full Brooklyn practice, including uncontested divorces and agreements, see our Brooklyn divorce lawyer page; for the law on property, valuation and support above the caps, see contested and high-net-worth divorce.
Starting the case and the automatic orders
A divorce starts with a summons with notice, or a summons and verified complaint, filed with the County Clerk (DRL § 211). Most cases use the no-fault ground: a sworn statement that the marriage has broken down irretrievably for at least six months (DRL § 170(7)). The automatic orders served with the summons bind the filing spouse on filing and the other spouse on service. Without written consent or a court order, neither spouse may sell, hide or transfer property beyond usual household expenses, ordinary business or reasonable legal fees, or drop the other spouse or the children from health insurance (DRL § 236(B)(2)(b)). See our automatic orders guide.
Temporary orders while the case is pending
A contested case can take many months, and bills do not wait. On a motion, the court can order:
- Temporary maintenance, calculated under the statutory guideline formula unless the spouses have a valid agreement (DRL § 236(B)(5-a));
- Temporary child support under the Child Support Standards Act;
- Interim counsel fees: DRL § 237(a) creates a rebuttable presumption that counsel fees will be awarded to the less-monied spouse; and
- Directions about property, including who stays in the home, under the court's power to direct possession of property during the action (DRL § 234).
A motion for maintenance, child support or counsel fees must include a sworn statement of net worth in the official form (22 NYCRR 202.16(k)(2)).
The preliminary conference and disclosure
When a judge is assigned, the court orders a preliminary conference to be held within 45 days (22 NYCRR 202.16(f)(1)). Sworn statements of net worth, with recent tax returns and pay records, are exchanged beforehand. At the conference the court addresses temporary relief and counsel fees, narrows the issues, and sets a timetable for disclosure. The rule limits interrogatories to 25, including subparts, and depositions to seven hours unless the parties agree or the court orders otherwise, and it contemplates a note of issue within six months of the conference (22 NYCRR 202.16(f)(2)). A compliance conference usually follows to keep disclosure on schedule (22 NYCRR 202.16(f)(3)).
Both spouses must disclose their finances fully (DRL § 236(B)(4)(a)). In practice that means tax returns, bank, brokerage and retirement statements, business records and, where needed, appraisals. When a spouse resists, the court can compel disclosure and impose consequences.
Brooklyn property: buildings, businesses and mixed funds
Brooklyn cases can involve a brownstone or multi-family building with rental income, a family business, or money that started as separate property and was later mixed with marital funds. Marital property is generally what either spouse acquired during the marriage, whoever holds title (DRL § 236(B)(1)(c)), and it is divided equitably, which does not always mean equally (DRL § 236(B)(5)(c)). Assets can be valued on any date from the start of the action to trial (DRL § 236(B)(4)(b)). Each side's expert reports must be exchanged and filed no later than 60 days before trial (22 NYCRR 202.16(g)(2)).
Custody disputes
When parents cannot agree, the court decides custody and parenting time on the child's best interests (DRL § 240(1)(a)), looking at the whole picture rather than any single factor (Eschbach v. Eschbach, 56 N.Y.2d 167 (1982)). The court may appoint an attorney for the child, whose role is defined by court rule (22 NYCRR 7.2), and may order a forensic evaluation. While the divorce is pending, custody is decided by the Supreme Court justice assigned to the case rather than in Family Court. See child custody and parenting time.
Settlement and trial
Any issue can be settled at any point, in a written agreement signed and acknowledged as DRL § 236(B)(3) requires. Issues that remain are tried before the assigned justice, who issues a decision, and the judgment of divorce follows. A no-fault judgment cannot be entered until property, maintenance, child support, counsel fees, and custody and parenting time are resolved by agreement or decided by the court (DRL § 170(7)).
When the Get is part of the case
For observant clients, the civil case and the Get have to be planned together. When clergy performed the marriage, the filing spouse must swear before judgment that he or she has taken all steps solely within his or her power to remove barriers to the other spouse's remarriage, unless the other spouse has waived this in writing (DRL § 253), and courts may consider a barrier to remarriage in property and maintenance decisions where appropriate (DRL § 236(B)(5)(h), (6)(o)). See Jewish divorce and the Get.
Fees for contested matters
Contested cases are not billed at a fixed fee. New York requires a written retainer agreement in domestic relations matters and a Statement of Client's Rights and Responsibilities, which we review with you before the representation begins (22 NYCRR Part 1400). Where one spouse earns or holds much more than the other, the court can order that spouse to contribute to the other's counsel and expert fees (DRL § 237(a)).