At Gilmer Law Firm, PLLC, we represent individuals and families in Brooklyn and throughout the New York City area in both contested and uncontested divorces. Led by attorney George Gilmer, our firm brings deep knowledge of New York Domestic Relations Law, along with a commitment to supporting clients from all walks of life, including members of the LGBTQ community.
We know that no two divorces are alike. Whether your separation is amicable or contentious, our goal is to help you protect what matters most and begin your next chapter with confidence.
Key Legal Requirements for Divorce in New York
Before filing for divorce in New York, certain conditions must be met, regardless of whether the case is contested or uncontested.
Residency Requirements
You or your spouse must meet at least one of the following residency criteria:
- Either of you has lived in New York for at least two years before filing
- Both spouses currently reside in New York, and the grounds for divorce occurred in the state
- One spouse has lived in New York for at least one year and:
- You were married in New York
- You lived together in New York during the marriage
- The cause of the divorce occurred in New York
If your circumstances are unique—such as military service or recent relocation—speak with our Brooklyn divorce lawyer to determine your eligibility.
Grounds for Divorce
New York law recognizes both no-fault and fault-based grounds:
No-Fault Divorce
The most common path, no-fault divorce, requires a sworn statement that the marriage has suffered an “irretrievable breakdown” for at least six months. No one is blamed, and this option typically leads to an uncontested divorce.
Fault-Based Divorce
Fault-based grounds include:
- Cruel and inhuman treatment
- Abandonment for one year or more
- Imprisonment for three or more consecutive years
- Adultery
Filing under fault-based grounds may be appropriate in certain situations, especially when safety or fairness is a concern. We’ll help you choose the best path forward.
Uncontested Divorce: A Peaceful Way to Separate
An uncontested divorce occurs when both spouses agree on all critical terms of the divorce, including:
- Division of marital property and debts
- Child custody and parenting arrangements
- Child support
- Spousal maintenance (alimony)
- Legal grounds for divorce
This process can minimize conflict, avoid courtroom delays, and reduce costs. Even with children or shared assets involved, couples who can communicate and compromise often find this to be the most efficient option.
Questions to Consider Before Filing:
- Will you need a protective order for safety?
- Do you need financial support or continued health insurance from your spouse?
- How should property, debts, and retirement assets be divided?
- Is there full financial transparency between you and your spouse?
We can help you think through these and other essential issues before filing.
How the Process Works
Uncontested divorces are less adversarial, but they still involve several formal steps:
- File a Summons and Complaint in your county
- Serve papers to your spouse, who must sign and return an Affidavit of Defendant
- Prepare additional required documents, such as a Certificate of Dissolution of Marriage or Divorce and Child Support Summary Form (if applicable)
- Submit all documents for court review
- Once approved, the judge signs the Judgment of Divorce
- File the judgment with the County Clerk and serve it on your spouse
We’ll handle the details to ensure everything is properly filed and processed.
Contested Divorce: When Disputes Arise
A contested divorce arises when spouses disagree on one or more issues—property division, custody, or financial support. This type of divorce typically involves:
- Additional court appearances
- Longer timelines
- More formal procedures
The Contested Divorce Process
- One spouse files a Summons and Complaint
- The other spouse is served and must respond with an Answer
- A Request for Judicial Intervention (RJI) is filed
- The court schedules a Preliminary Conference
- Both parties exchange financial disclosures
- Discovery begins, including document requests and depositions
- If no agreement is reached, the case proceeds to trial
The court will ultimately issue a divorce decree after reviewing all evidence and testimony.
We provide compassionate, assertive representation to protect your rights and interests throughout the process.
Divorce Mediation: A Better Way Forward
Divorce mediation offers an alternative to court that emphasizes communication and cooperation. With the help of a neutral mediator, you and your spouse can work out a fair and lasting settlement.
Benefits of Mediation:
- Faster and more affordable than litigation
- Private and confidential
- Reduces conflict—especially helpful for co-parents
- Promotes mutual understanding
Our experienced Brooklyn divorce mediation attorney can help you resolve disputes constructively and move forward on your terms.
Why Choose Gilmer Law Firm, PLLC?
We provide experienced, results-driven legal counsel in all areas of family law, including:
- Divorce (contested and uncontested)
- Divorce mediation
- Paternity
- Cohabitation agreements
- Restraining orders and defense
- Temporary emergency custody
With years of experience and a commitment to personalized service, our firm is here to protect your rights and support your future.
Speak with a Trusted Brooklyn Divorce Attorney Today
Whether your divorce is simple or complicated, contested or amicable, we’re ready to stand by your side. Contact Gilmer Law Firm, PLLC today to schedule a confidential consultation and take the first step toward a stronger future.