Deciding to end a marriage is a life-changing incident, and if you have reached this point, it is important to know how to file for a divorce in Brooklyn. Divorce is much more than just ending a marriage contract; it may also require resolving custody and support of your children, dividing your marital property, and addressing several other financial issues. Having an experienced divorce attorney’s help is invaluable in this difficult situation.
How to File for a Divorce in Brooklyn
Filing for divorce in Brooklyn requires submitting a divorce petition to the family court. You will need to fill out the necessary forms and pay a filing fee, at which point the court will review your petition and then send the necessary response forms to your spouse. It is also possible under certain conditions to create an uncontested divorce petition with your spouse and submit it to the court, but this is only possible if you and your spouse have no children under the age of 21.
In an uncontested divorce, both spouses agree to the terms set forth in the divorce petition. The court reviews the case, resolves any outstanding issues, and then issues a divorce order. This process may take a few months to complete, but it is much faster than resolving a contested divorce. In any contested divorce, the spouses must address each item of their divorce in court, such as property division, child custody, child support, and spousal support.
When a divorce petition is filed, the respondent can either agree to the terms set forth by the petitioner and agree to an uncontested divorce, or they can contest those terms, and the case will begin to unfold. It is important to consult an attorney if you plan to divorce in Brooklyn, even if you and your spouse are relatively agreeable toward one another and have made the mutual decision to end your marriage.
Finalizing Your Divorce in Brooklyn
Every divorce case involves different issues, and it is important to know what to expect from your impending case and the value of having legal counsel on your side. Your attorney can streamline the divorce process significantly. As soon as you have decided to divorce, you should reach out to a divorce attorney as quickly as possible so they can identify the greatest challenges you will face as your divorce proceedings unfold.
New York requires divorcing spouses to divide their marital property under the rule of equitable distribution, meaning the court will want to see the fairest possible division of a couple’s marital assets. If the couple has children together, they will also need to resolve child custody and child support, and these are not issues they can resolve privately. The court must ensure that the decision made suits the best interests of their children.
Ultimately, filing for divorce in Brooklyn will lead to a complex and emotionally stressful series of legal proceedings that you must be prepared to confront. An experienced attorney is a tremendous asset in this situation who can help you prepare as fully as possible, approach these proceedings with confidence, and increase your chances of reaching your desired conclusion.
FAQs
Does It Matter Who Files for Divorce First in Brooklyn?
It does not matter who files for divorce first in Brooklyn. Many people mistakenly believe that being the one to file for divorce makes them appear more sympathetic in the eyes of the court and provides a legal advantage in divorce proceedings. While it is possible to file for divorce with cause, most are processed on a no-fault basis, and the court will treat both parties equally, even if one is technically named the plaintiff and the other the defendant.
How Much Does Divorce Cost in Brooklyn?
The cost of divorce in Brooklyn is often much more than the average person expects. In addition to court filing fees, attorneys’ fees, and other expenses, the financial effects of divorce can impact your life in various ways for many years to come. It is important to take this decision very seriously and to invest in trustworthy legal counsel to have the greatest chance of reaching a positive conclusion to this case.
How Fast Can You Be Divorced in New York?
The speed at which you can complete a divorce in New York largely depends on whether the divorce is contested or uncontested and whether the couple has children. In an uncontested divorce with no children, it is possible to complete the process within a few months. In a more contested divorce, especially one involving a child custody determination, the process is likely to take closer to a year to complete.
Why Should I Hire a Divorce Attorney in Brooklyn?
You should hire a divorce attorney in Brooklyn because your proceedings are likely to be more complex than you initially expected, and you have a much greater chance of reaching a positive conclusion to your case when you have legal counsel you trust advising you. They can help with your financial disclosure statement, assist you in gathering evidence and documentation you need to submit to the court, and help you resolve your divorce efficiently.
What Does It Cost to Hire a Brooklyn Divorce Attorney?
The cost to hire a Brooklyn divorce attorney will largely depend on the overall complexity of your case. Most family lawyers charge by the hour, so the longer they must spend working on a case, the more the client pays in attorneys’ fees. Some family lawyers will offer flat rates for specific services, but a divorce will require an attorney’s consistent attention. Take time to review your attorney’s billing policy at the outset so you know what to expect in terms of cost.
The Law Offices of Robert Tsigler, PLLC, understands how difficult divorce can be and wants to help you through this challenging situation as painlessly as possible. Our team will help you make sense of the legal steps you will need to take to complete your divorce, and we are confident in our ability to provide comprehensive support for your case. Contact us today to schedule a consultation and learn more about how we can help with your divorce in Brooklyn.
