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Contested Divorce Lawyer in Brooklyn

Over 3,000 Divorce Cases. Exclusive Focus. Brooklyn Office Ready.

When a divorce can’t be resolved by agreement, a judge decides the outcome. That makes the quality of your legal representation one of the most consequential decisions you’ll make. At Eiges & Orgel at Ballon Stoll P.C., we practice divorce and matrimonial law exclusively, and we’ve handled more than 3,000 divorce cases across 60+ years of combined attorney experience. Our Brooklyn office serves residents filing contested divorce proceedings at the Kings County Supreme Court.

Every attorney at our firm has been selected to Super Lawyers, and Kenneth A. Eiges holds the AV Preeminent® rating from Martindale-Hubbell® for 2026, the highest rating the organization awards. We bring that level of recognized experience to every Brooklyn contested divorce we handle.

If you’re facing a contested divorce in Brooklyn, don’t navigate it alone. Call Eiges & Orgel at Ballon Stoll P.C. at (347) 848-1850 to schedule a consultation at our Brooklyn office, by phone, or virtually.

What Makes a Divorce Contested

A contested divorce occurs when spouses can’t agree on one or more key issues, requiring a New York State Supreme Court judge to resolve those disputes. The disagreement doesn’t have to be comprehensive. Even spouses who intend an amicable split can find their divorce becomes contested when they reach an impasse on a single issue.

Common contested issues include:

Asset division and equitable distribution
Child custody and visitation
Child support
Spousal support (maintenance)
Debt allocation

A divorce can also become contested when one spouse disputes the stated grounds or refuses to participate in the process. Contested proceedings take longer and cost more than uncontested divorces because disputed matters must be litigated before a judge.

How Property Gets Divided in a Brooklyn Contested Divorce

New York follows the equitable distribution standard, meaning marital property is divided fairly but not automatically 50/50. Courts consider factors including the length of the marriage, each spouse’s age and health, earning capacity, and tax consequences of the division. Separate property, meaning assets you owned before the marriage or received as an inheritance or gift, is generally excluded from this process.

Brooklyn’s real estate market adds a layer of complexity that doesn’t exist everywhere. Co-ops, brownstones, and condominiums each carry ownership structures and valuation challenges that require careful legal analysis. Business interests and retirement accounts owned during the marriage may also be subject to division and sometimes require forensic or third-party valuation.

Contested proceedings also address debt. The court determines which spouse bears responsibility for shared obligations alongside any asset distribution. For spousal maintenance, New York’s Maintenance Guidelines Act sets the income cap for the maintenance payor at $228,000 as of March 1, 2024. Child support is calculated under the Child Support Standards Act, with a combined income cap of $183,000 as of the same date. Custody decisions are made under the best interests of the child standard, applied to the specific facts of each family’s situation.

Why Brooklyn Residents Work with Eiges & Orgel at Ballon Stoll P.C.

We practice divorce and matrimonial law. No other practice areas, no divided focus. That concentration is reflected in our record: more than 3,000 cases handled, 60+ years of combined experience, and a roster of attorneys who have each been selected to Super Lawyers. Kenneth Eiges holds a 10.0 Superb rating on Avvo, as does Scott Orgel. Our firm carries an A+ rating from the BBB and a 5/5 overall rating on Lawyers.com.

Credentials matter, but so does how we work with clients. You’ll have direct access to your attorney, not just support staff. We communicate clearly, we’re honest about what to expect, and we keep you informed at every stage. Flat-fee divorce services are available for clients who want predictable legal costs. Appointments are available at our Brooklyn office, by phone, or virtually.

Talk to a Brooklyn Contested Divorce Attorney

Contested divorce cases filed in Brooklyn are heard at the Kings County Supreme Court, and the procedural and financial stakes are high. We’re here to help you understand your options and pursue a fair resolution.

Contact Eiges & Orgel at Ballon Stoll P.C. at (347) 848-1850 to schedule your consultation. We offer in-office appointments in Brooklyn along with phone and virtual options.

The Contested Divorce Process in New York

Understanding the procedural timeline helps you plan and reduces uncertainty. Here’s how a contested divorce typically moves through the New York court system from start to trial.

Service of Summons & RJI Filing

The process begins when one spouse serves the other with a Summons with Notice or Summons and Complaint. After service, the filing spouse must submit a Request for Judicial Intervention (RJI) within 45 days. The RJI assigns the case to a judge. If both parties agree to delay, a Notice of No Necessity extends this deadline to 120 days.

Statement of Net Worth

Both spouses must complete and exchange a Statement of Net Worth, a detailed financial disclosure covering income, assets, liabilities, and expenses. This document must be exchanged and filed at least ten days before the preliminary conference.

Preliminary Conference

A preliminary conference is scheduled within 45 days of the RJI filing date. A judge presides with both parties present. The conference sets the discovery schedule, identifies contested issues, and encourages settlement. Courts expect parties to have attempted negotiation or mediation before reaching this stage.

Compliance Conference & Discovery

A compliance conference follows unless the parties file a stipulation of compliance. The discovery phase can include the exchange of financial records, written interrogatories, depositions, and forensic valuations of complex assets such as businesses or retirement accounts. Discovery must be completed no later than six months from the preliminary conference date, and a Note of Issue must be filed by the same deadline.

Trial

Trial is scheduled no later than six months from the preliminary conference. From service of summons through trial, the full timeline typically runs approximately seven and a half months. Complex financial disputes or contested custody arrangements often extend that estimate.

Grounds for Divorce in New York

New York recognizes both no-fault and fault-based grounds for divorce. In a contested proceeding, the other spouse may challenge the stated grounds, and the court determines whether they’re valid.

The available grounds are:

No-fault: A sworn statement that the marriage has been irretrievably broken for at least six months. This is the most commonly used ground.
Cruel and inhuman treatment: Physical or emotional conduct that endangers the health or safety of the other spouse.
Abandonment: One spouse has abandoned the other for at least one year.
Imprisonment: One spouse has been imprisoned for three or more consecutive years after the marriage.
Adultery: One spouse committed adultery during the marriage.

Even a no-fault divorce becomes contested when the parties can’t agree on property division, custody, or support, regardless of whether the grounds themselves are disputed.

New York Residency Requirements & Venue for Brooklyn Filers

To file for divorce in New York, at least one spouse must satisfy a residency requirement. The court will recognize the filing if any of the following apply:

Both spouses have lived continuously in New York for at least one year
The marriage took place in New York, and at least one spouse has lived in the state for at least one year before filing
The grounds for divorce occurred in New York, and at least one spouse has lived in the state for at least one year
Either spouse has lived continuously in New York for at least two years before filing

Only the New York State Supreme Court has jurisdiction over divorce proceedings. Family Court doesn’t grant divorces. Under CPLR 515, effective February 19, 2025, venue must be in the county where one of the parties or a minor child of the marriage resides. Brooklyn residents file their contested divorce case in Kings County, where the Kings County Supreme Court, Civil Term, handles the proceedings.

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