Divorce Lawyer in Brooklyn
Comprehensive Divorce Guidance in Brooklyn, NY
Coffinas & Lusthaus, P.C. understands the emotions that come with initiating or responding to divorce proceedings. For over 50 years, we've met with clients in states of anger, confusion, uncertainty, and fear. With our personalized and highly professional approach to representation, we guide our clients through the challenges of divorce in New York, capably asserting their rights to a fair outcome. With hard work and tenacity, we help you reach the resolution you seek.
Contact our trusted divorce lawyer in Brooklyn at (718) 717-1005 to schedule a confidential consultation.
What to Expect in the Brooklyn Divorce Process
Every divorce in Brooklyn is governed by New York State law and influenced by practices at the Kings County Supreme Court. The initial step is filing a summons and complaint, which officially opens your divorce case and is handled within the Brooklyn court system. Both parties must disclose financial details and address issues like property division, child custody, and support. While many matters are resolved through negotiation, some Brooklyn divorces require courtroom hearings before a local judge. As your divorce attorneys in Brooklyn, we will guide you through every phase, supporting you with communication, court preparation, and advocacy. With the local experience of our legal team, you will understand what to expect and how to plan your next steps with clarity.
Navigating a divorce in Brooklyn means working within both New York State statutes and court procedures unique to Kings County. Our attorneys have earned a reputation for guiding clients through Brooklyn court requirements, from gathering documents to anticipating case scheduling. Local docket patterns and the busy court calendar can impact case progress. At Coffinas & Lusthaus, P.C., we are committed to reducing stress and providing practical strategies shaped by the realities of Brooklyn's courts. Whether you resolve your case through settlement or trial, we remain focused on your rights and creating a strong foundation for your future.
Understanding Divorce Grounds in New York State
New York recognizes both fault and no-fault divorces. A fault divorce means that you are attributing the end of your marriage to your spouse’s conduct. The grounds for a New York fault divorce are listed below:
- Abandonment
- Adultery
- Cruel and inhuman treatment
- Imprisonment
- Separation
To pursue a divorce based on separation, you and your spouse must have lived apart for at least one year and filed a valid separation agreement.
By contrast, a no-fault divorce does not allege bad conduct by either party. With no-fault divorce, there is no need to prove blame or misconduct. New York allows the following as grounds for a no-fault divorce:
For a no-fault divorce citing irretrievable breakdown, the marriage must have been broken for at least six months. All ancillary issues—including child custody, support, and division of assets—must be resolved for the court to grant a final judgment. As a divorce law firm serving Brooklyn, we provide clear counsel about the grounds available, explaining how local courts may interpret different circumstances and helping you pursue the best approach for your goals.
Equitable Distribution vs. 50/50 Divorce in NY
New York is not a community property or “50/50” divorce state. Instead, it follows the principle of equitable distribution of property and debt. Under these statutes, judges determine how to divide marital property and debt fairly, not necessarily evenly, using New York's equitable distribution laws.
It is crucial to understand that equitable distribution depends on many unique factors, including the length of the marriage, the assets and income each spouse brought in, and contributions to the home or family. Economic misconduct or efforts in acquiring property may also play a role. In Brooklyn, all cases are heard at the Kings County Supreme Court, where our divorce lawyers present a detailed, persuasive record for asset and debt division. We assist clients in understanding how local judges may evaluate real estate, retirement plans, and business interests unique to Brooklyn families. When complex assets are involved, we use strategic planning to ensure fair and practical results for your future.
How Child Custody & Support Are Decided in Brooklyn
When children are involved in a divorce, the best interests of the child are the court's highest priority. In Brooklyn, judges examine parental stability, the home environment, prior caregiving roles, and may consider the child’s wishes, depending on age and maturity. The Kings County Supreme Court also reviews parents' work schedules and the children's needs. At Coffinas & Lusthaus, P.C., our divorce attorneys in Brooklyn help you present a well-documented, thoughtful custody plan that positions your children’s needs first. We routinely represent parents facing unique challenges, including those navigating custody arrangements for children with special needs, ensuring all critical factors are clearly presented in and out of court.
Child support in Brooklyn is determined using the New York Child Support Standards Act, which calculates payments based on parents' incomes and the number of children. However, the courts may adjust this formula for cases requiring additional medical or educational support. Our Brooklyn divorce lawyers are committed to explaining each step of the child support process, advocating for fair agreements, and representing you during any modifications or enforcement proceedings. Whether seeking support or managing obligations, we help you fully understand your rights and ensure financial arrangements are responsive to your family's realities in Brooklyn.
Decades of Successful Divorce Resolutions in Brooklyn
Clients come to us from across the five boroughs, Nassau, and Westchester for guidance in filing for divorce in New York. Since 1997, our divorce attorneys have earned a strong track record of favorable outcomes for clients in Brooklyn and beyond. In every negotiation, trial, and appeal, we rely on our legal knowledge and creative problem-solving to produce positive results. Our comprehensive understanding of New York divorce law and our decades of experience with Brooklyn’s legal landscape position us as trusted advisors for your most important family decisions.
Frequently Asked Questions
How long does a divorce take in Brooklyn?
The length of a divorce case in Brooklyn depends on whether it is uncontested or contested. An uncontested divorce—where spouses agree on all key terms—can be completed in several months, though Kings County Supreme Court schedules and document review times may impact your timeline. Contested divorces, involving disputes over child custody, property division, or financial support, generally take longer due to court hearings, evidence review, and negotiations in Brooklyn's busy legal environment. At Coffinas & Lusthaus, P.C., we work to keep your case on track, providing updates and advice to minimize delays common in the Brooklyn courts.
Do I have to go to court for a divorce in Brooklyn?
Not every divorce in Brooklyn requires a court appearance, but the need depends on your agreement with your spouse. If all matters are resolved in advance, your divorce may be finalized with minimal or no court involvement at the Kings County Supreme Court. In cases with contested issues, such as disagreements about child custody or finances, court hearings are more likely. Even in uncontested situations, a judge may request an appearance if questions arise about documentation or arrangements involving children. As experienced Brooklyn divorce attorneys, we prepare you for what to expect, advocating to streamline the process and minimize court disruptions whenever possible.
What documents are needed to start a divorce in Brooklyn?
To initiate a divorce in Brooklyn, specific paperwork must be filed in Kings County Supreme Court. This usually includes a Summons with Notice or Summons and Complaint, proof of service, and a verified complaint outlining your divorce grounds. Additional documents—such as financial affidavits and net worth statements—are generally required as the case progresses. For cases involving children or significant assets, more detailed filings may be necessary. Our legal team ensures every required form is completed accurately and submitted on time, helping you avoid unnecessary delays and providing step-by-step guidance throughout the Brooklyn divorce process.
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