Frequently Asked Questions | Sample Forms | Additional Resources 1. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved. Is someone else able to pick up or drop-off my divorce papers?
In the event the plaintiff (person starting the divorce) cannot locate their spouse, they must get permission from the court for an alternate means of service, by filing a motion for such relief. I want to file for a divorce, but I cannot afford to pay the filing fees, I am not working at this time, what can I do? The parties in a matrimonial action are divorced once the judgment of divorce is signed by the judge.You can request that the court waive your fees in your divorce action by completing the forms for a poor person order and submitting them with your summons and complaint and proof of income to the Matrimonial Clerk's office. In an uncontested divorce, if a postcard is submitted with the papers, you will be notified by the court when the judgment of divorce has been signed by the court.In a contested divorce, although during the court proceeding the judge may have ordered that the parties are divorced verbally, until the attorneys have submitted the judgment to the court for signature and it has been signed, you are not yet divorced. In a matrimonial action, when do I file a motion and when do I file an order to show cause?360 Adams Street, 10th Floor North Brooklyn, NY 11201 347-296-1714 This office receives and processes all applications for matrimonial (divorce) proceedings in Kings County.Requests for relief during the pendency of the divorce as well as post judgment applications (those requests made after the divorce is final), are filed with the matrimonial office.
Once reviewed by the matrimonial office, the matter is calendared for a court appearance, or forwarded to the assigned justice for signature, depending on the relief requested.The matrimonial clerks are responsible for scheduling Preliminary Conferences, processing uncontested divorces and notifying parties when judgments are signed or rejected due to defects that must be corrected.Emergency applications are made in this office requiring immediate appearances before the court. If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation and marital assets -- you may obtain and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Kings Supreme Court Help Center, or printing them from the court's website.All signed orders from the matrimonial judges are processed through the matrimonial clerk's office. In a matrimonial action, when do I file a motion and when do I file an order to show cause? What do I do if my spouse is not complying with the divorce judgment order? If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested.The public service counter for both attorneys and self-represented litigants is open from AM to PM each day the court is in session. For more information visit the court’s Divorce Resources page and the Kings Supreme Court Matrimonialpage.Check-lists, procedural rules, including the judges' motion days, and forms are distributed at the counter to ensure that papers are submitted in proper form. Is someone else able to pick up or drop-off my divorce papers? I cannot find my spouse, can I still file for divorce? I want to file for a divorce, but I cannot afford to pay the filing fees, I am not working at this time, what can I do? The filing fees include 0.00 for the index number and 5.00 for the note of issue.