360 Adams Street, 10th Floor North
Brooklyn, NY 11201
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.
All signed orders from the matrimonial judges are processed through the matrimonial clerk's office. The public service counter for both attorneys and self-represented litigants is open from 9:00 AM to 5:00 PM each day the court is in session.
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.
You must amend the judgment, which requires you to file an Order to Show Cause with an Affidavit in Support.
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.
If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. For more information visit the court’s Divorce Resources page. The filing fees include $210.00 for the index number and $125.00 for the note of issue. If you are filing a contested divorce the cost can go higher depending on how much motion practice will be involved.
Matrimonial files are confidential and available only to the parties or their attorneys. If you are having someone else pick up your papers, you must provide them with a notarized letter authorizing the County Clerk or Supreme Court to allow them to view your file and/or copy papers in the file, including the judgment of divorce.
Personal service of the initial divorce papers (summons with notice or summons and complaint) is required by statute. 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.
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.
The parties in a matrimonial action are divorced once the judgment of divorce is signed by the judge. 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.
All post-judgment requests (matters submitted to the court after the judgment of divorce has been signed) must be submitted by order to show cause. Requests for relief, while the case is still going on, can be done by notice of motion, but the return date, unless ordered otherwise by the court, must be only on the judge's motion dates. There is a $45.00 motion fee for all motions and orders to show cause.
You must file an Order to Show Cause to enforce the judgment. You must include a copy of the original divorce with notice of entry and proof of service on your spouse with your order to show cause and an affidavit of support. If you believe it is an emergency application, you must also file an affidavit of emergency. If you are filing as an emergency, you may not have someone other than you file these papers because you may be required to appear before the judge at the time that you are filing.