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How to File for Divorce in Brooklyn: 7 Crucial Steps Every Spouse Must Know

Posted on : January 8, 2026, By:  Mary Katherine Brown
divorce in Brooklyn

Divorce in Brooklyn involves serious legal considerations that can affect your finances, family relationships, and long-term stability. That explains why many spouses in Brooklyn and Manhattan feel uncertain about where to begin. 

New York divorce laws can feel complex without proper guidance. However, understanding each step of the process helps you protect your rights and move forward with confidence.

Step 1: Meet New York Residency and Filing Requirements

Before filing, at least one spouse must meet New York residency requirements. These rules determine whether a Brooklyn court can hear your case. Residency may be established through marriage location, length of residence, or continuous presence in the state.

Speaking with divorce lawyers in Brooklyn helps confirm eligibility before filing paperwork. 

Step 2: Decide Whether to Hire a Local Divorce Lawyer

While New York allows self-representation, divorce often involves complex legal and financial issues. A qualified lawyer explains your rights and obligations clearly. Legal counsel also helps manage deadlines, filings, and negotiations.

An attorney can anticipate challenges related to property division or custody disputes. This guidance reduces stress and prevents procedural mistakes.

Many spouses consult a trusted divorce lawyer in Brooklyn early to understand their options.

Step 3: File Divorce Papers with the Court

The divorce process officially begins when one spouse files a Summons and Complaint or a Summons with Notice with the Brooklyn Supreme Court

These legal documents formally notify the other spouse that a divorce action has been initiated and outline the basic grounds or issues involved in the case. Once filed, the court assigns an index number, which is required for all future filings related to the divorce. 

Applicable filing fees must be paid at the time of submission, and timely payment is essential to avoid delays in moving the case forward. Working with a knowledgeable divorce attorney in Brooklyn helps ensure accuracy and compliance.

divorce in Brooklyn

Step 4: Serve the Divorce Papers Properly

New York law requires formal service of divorce papers on the other spouse. The filing spouse cannot serve documents personally. Instead, service must follow strict statutory rules.

Failure to serve papers correctly may delay proceedings or require refiling. The best divorce lawyers understand service requirements and ensure this step is completed properly.

Step 5: Address Child Custody and Parenting Issues

If children are involved, custody becomes a central issue. Courts prioritize the child’s best interests when determining custody arrangements. 

Custody decisions may involve joint or sole arrangements. Parenting plans outline schedules and decision-making authority. Parents facing divorce in Brooklyn, NY, should carefully prepare for these discussions.

Step 6: Resolve Property Division and Financial Support

Divorce requires equitable distribution of marital property, meaning assets and debts are divided fairly—not always equally—based on the circumstances of the marriage. 

This includes homes, savings, retirement accounts, and debts. Separate property may be excluded if appropriately proven.

Spousal maintenance may apply depending on income disparity and the length of the marriage. Courts follow statutory guidelines but allow flexibility.

A skilled lawyer for divorce in Brooklyn helps negotiate fair outcomes and protect long-term financial security. Financial disputes often require careful documentation and planning.

Step 7: Finalize the Divorce Judgment

Once all issues are resolved, the court issues a Judgment of Divorce. This document legally ends the marriage. Uncontested cases usually conclude faster than contested ones.

Some spouses explore alternatives, such as separation agreements. Legal separation can address finances and custody without ending the marriage.

Take Control of Your Next Chapter

Ending a marriage is a significant life transition. Each legal decision shapes your future stability and peace of mind. Having informed guidance helps you navigate the process with clarity and confidence.

If you are considering divorce in Brooklyn, the team at Brooklyn Family & Divorce Lawyer MKB is here to support you. We provide personalized, compassionate representation throughout Brooklyn and Manhattan. 

Call (718) 878-6886 to schedule a confidential consultation today.

Posted in : Divorce Divorce Laws ,

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21:22 21 Jul 20
I could not be happier to have had Mary Katherine Brown prepare my Last Will and Testament, living will, Health care proxy and other documents.  I truly appreciated her accessibility and patience.  What I thought would be a confusing and uncomfortable task, she made into an easily understandable process.  I can tell she is very knowledgeable and I trust her guidance.
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Sasha Badillo
19:19 30 Mar 20
Mary Katherine was exceptional during my custody agreement. She helped me avoid a long court battle with my ex and ensured me of all my concerns. Very knowledgeable and understanding. Would recommend and use her again if needed.
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Elaine Ashe
01:43 10 Mar 20
Mary Katherine Brown was a delight to work with these past months. I had an issue come up for Brooklyn Family Court and wanted to retain an attorney instead of handling on my own. I researched some reviews and found Ms. Brown. She is very organized in her thoughts and plans, as well as, very professional in the court environment. I relayed my concerns on some particular issues and she promptly took down notes and handled them immediately with my ex-husband's attorney. Her strategies are well thought out and her advice is invaluable. Ms. Brown made me feel comfortable from our first conversation and throughout our contact. I would like to add her office staff, specifically, Mariana was a pleasure to work with. She always tried her best to accommodate my schedule when securing time with Ms. Brown. Mariana is very professional and respectful. I highly recommend Mary Katherine Brown (Brooklyn Family & Divorce Lawyer) for your family's legal needs. She's fantastic, brilliant, competent, resourceful and overall an attorney you want to have to work for your issues. I am very thankful I found her and decided to retain her for my legal concerns. Mary Katherine Brown is absolutely wonderful!
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Nadya Appley
19:01 03 Mar 20
Mary Brown represents the highest level of expertise in Family law and provided me with a valuable piece of advice regarding my legal matter (custody of my son).
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David Bellel
16:31 03 Mar 20
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Alonzo Andrews
02:11 03 Mar 20
Miss Brown represented me in several cases while clearly explaining the situations and presenting all of my available options to me before giving her recommended plan of action. Some of my issues involved my parental rights that she worked diligently to resolve. Her office is professional and friendly, which is greatly appreciated when dealing with the stress of court. She’s the best attorney I have ever worked with and I recommend her to anyone dealing with a Divorce and Family Law case.
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MARIE SONKO
18:25 02 Mar 20
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19:34 23 Aug 19
I hired this firm to resolve my custody relocation case after previous attorney almost ruined it. Not only did Ms Brown successfully resolved this case, but she also provided useful information and explanation for her strategy, provided emotional support and answers to my multiple questions, not to mention very reasonable and fair pricing.
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Ben Harel
23:01 13 Jun 19
Ms. Brown is outstanding. She specializes in family law and understands how to navigate the courtroom process to get you the best possible outcome. Highly recommend.
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18:26 12 May 19
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It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.
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Christine David-Fortune
12:38 23 Mar 18
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
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Jeremiah Thompson
16:53 26 Jul 17
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
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