Brooklyn Divorce Lawyer

Divorce and family law help for Brooklyn residents

Neuhaus & Yacoob LLC is a matrimonial law firm at 195 Montague Street, 14th Floor, near Brooklyn Borough Hall. We represent Brooklyn spouses and parents in contested and uncontested divorce, custody and parenting time, child support and spousal maintenance, prenuptial and postnuptial agreements, and Family Court cases. Joel Yacoob, who is admitted in New York and New Jersey, personally handles every matter the firm accepts.

Consultations are available by phone or video, and you can start with our online intake form. Office hours are Monday through Friday, 9 AM to 7 PM.

What we handle for Brooklyn clients

Where Brooklyn divorce and family cases are heard

Kings County Supreme Court, 360 Adams Street

Only the Supreme Court can grant a divorce in New York. Brooklyn divorces are brought in the Supreme Court, Kings County, at 360 Adams Street, Brooklyn, NY 11201; its Matrimonial Office is on the 10th Floor South. The justice assigned to a divorce can also decide custody, support and the division of property.

Kings County Family Court, 330 Jay Street

The Kings County Family Court, at 330 Jay Street, Brooklyn, NY 11201, hears custody, visitation, support and family offense petitions, and child-protective cases brought by the Administration for Children's Services (ACS). It cannot grant a divorce. Parents who are not divorcing usually start custody cases there. Both courthouses are a short walk from our office.

Can you file in Brooklyn?

First, New York's residency rules must be met: usually one year of continuous residence by either spouse, or two years in some situations (Domestic Relations Law (DRL) § 230). Then, under CPLR 515, the case belongs in a county where either spouse lives or, if there are minor children, where a child lives. If you live in Brooklyn and your spouse lives in Queens, either county is generally available, and a court may allow another county for good cause.

How a Brooklyn divorce moves forward

1. Filing. A summons with notice, or a summons and verified complaint, starts the case (DRL § 211). The no-fault ground requires a sworn statement that the marriage has broken down irretrievably for at least six months (DRL § 170(7)).
2. Automatic orders. Served with the summons, they 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.
3. Preliminary conference. In a contested case, after a judge is assigned, the court sets a schedule at a preliminary conference; sworn net worth statements are exchanged and filed beforehand (22 NYCRR 202.16(f)).
4. Disclosure. Both spouses must disclose their finances (DRL § 236(B)(4)(a)), usually through tax returns, account statements, business records and, where needed, appraisals.
5. Settlement or trial. Settled issues go into a written agreement; the judge decides the rest. A no-fault judgment requires property, support, counsel fees, custody and parenting time to be resolved first (DRL § 170(7)).

In an uncontested case, your spouse signs an Affidavit of Defendant or does not respond, any settlement agreement is signed and acknowledged as DRL § 236(B)(3) requires, and the papers are submitted. The clerk and a judge review them before the judge signs the Judgment of Divorce. Timing varies with the court's workload; many uncontested cases are completed within several months of the papers being submitted.

Brooklyn homes and family businesses

Marital property is generally what either spouse acquired during the marriage and before a separation agreement or the divorce action, regardless of whose name is on the title (DRL § 236(B)(1)(c)). It is divided equitably, which does not always mean equally (DRL § 236(B)(5)(c)). A brownstone, co-op or condominium bought before the marriage is usually separate property, but an increase in its value can be marital to the extent it came in part from the other spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)). Family businesses and professional practices raise similar questions; see our guide to equitable distribution.

Coordinating a civil divorce with a Get

Under Jewish law, a civil divorce does not end the religious marriage; that requires a Get. Only the Supreme Court can end the civil marriage. For clients who want both, we coordinate the civil case with the Get and any Beis Din proceeding and draft settlement terms that address them. New York's Get laws require a sworn statement about removing barriers to remarriage when clergy performed the marriage (DRL § 253), and direct courts, where appropriate, to consider a barrier to remarriage in property and maintenance decisions (DRL § 236(B)(5)(h), (6)(o)). See New York's Get laws and Beis Din arbitration.

Brooklyn neighborhoods we serve

We represent clients across Kings County, including Brooklyn Heights, Downtown Brooklyn, DUMBO, Cobble Hill, Carroll Gardens, Park Slope, Prospect Heights, Fort Greene, Williamsburg, Greenpoint, Bedford-Stuyvesant, Crown Heights, Flatbush, Midwood, Borough Park, Bensonhurst, Sheepshead Bay, Marine Park and Bay Ridge. If your case is in another borough, see our Manhattan, Queens, Bronx or Staten Island pages.

Fees and how to start

Our uncontested divorce fee is fixed: $1,500 with no children, $2,000 with children, and $2,500 with real estate. Court filing fees are not included, and payment plans are available. Prenuptial agreements start at $2,500 and postnuptial agreements at $3,000. Contested cases are handled under a written retainer agreement, which New York requires in domestic relations matters (22 NYCRR 1400.3).