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Law Office Of Richard Roman Shum, Esq., PLLC

Experienced Manhattan Divorce Lawyer

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Law Office of Richard Roman Shum, Esq., PLLC.

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Divorce Lawyer in Manhattan - Family Law and Divorce Attorneys | Divorce Attorney Law Offices | Divorce and Family Lawyers | Complex Divorce Law Firm

Richard Shum brings over a decade of experience to his legal practice, effectively fighting for and protecting his clients during the most difficult times of their lives.

As a father, lifelong New Yorker, and seasoned Manhattan divorce attorney, he dedicates himself to providing the highest level of care and service to every client, guiding and protecting you every step of the way to protect what matters most: your family, your business, and your life.

Attorney Richard Shum has worked with many families and helped them deal with child support, spousal support, and many other concerns surrounding divorce. 

Call us today at (646) 259-3416 to schedule a free consultation with an experienced family and divorce attorney.

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A Veteran of the Law

When it comes to custodial, marital, and financial battles, nothing is more important than choosing the right lawyer. Part of Richard Shum’s success as an attorney lies in his distinct level of experience. His years of working with clients to avoid litigation when possible, while getting the best possible results when litigation becomes unavoidable, have helped him develop an effective method of comprehensive strategic planning for each individual client, rather than a one-size-fits-all approach. His calm, focused, and pragmatic approach helps clients masterfully navigate any legal issue.

A lifelong New Yorker and resident of the Lower East Side, holding multiple degrees from Suffolk University School of Law, Washington University in St. Louis, and Emerson College, Mr. Shum brings an unparalleled level of understanding and experience to clients from all walks of life. His Professional Associations include the New York County Bar Association, New York City Bar Association, Copyright Society of the USA, and American Bar Association.

If you are looking for information on family law, our website covers a range of important topics related to divorce law and legal separation, including child custody, clients’ rights, and more. Our attorneys are well-versed in the laws and regulations surrounding these issues, and we work tirelessly to ensure that our clients receive the best possible outcome in their cases.

As one of the leading law firms in Manhattan and throughout NY, we take pride in representing our clients with the utmost professionalism and integrity. Our team of lawyers and support staff are dedicated to providing the highest level of service to our clients, and we work tirelessly to ensure that their needs are met. If you are in need of legal representation for a divorce or legal separation case, we encourage you to contact our firm today to schedule a consultation.

“In both cases attorney Shum was great to work with. Navigating both of these situations was, at times, confusing. Attorney Shum made the details of both matters easy for me to comprehend.”

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Protecting Your Family

I understand firsthand how overwhelmingly stressful legal battles are for you and your family, due to the emotionally charged nature of the situation. My goal is to fight and win for you so that you can breathe again and focus on what truly matters: time with your family. because there's nothing more important than that.

At the Law Office of Richard Roman Shum, we understand that legal separation and divorce law can be difficult topics to navigate. That’s why our firm has a team of experienced attorneys who are skilled in these areas of law. If you’re looking for New York City divorce lawyers, look no further than our firm.

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Our Practice Areas

Divorce

Litigating a divorce can be daunting and complex. You need an able lawyer for divorce to defend your rights and bring the matter to the best possible conclusion. In both contested and uncontested divorce cases, I provide competent and experienced representation from inception through trial in court.

Family Law

With professionalism and care, as your divorce lawyer, I guide and represent you through all areas of family court, including child custody, visitation, child support, and family offense. I work alongside you and advocate for your needs every step of the way.

Child Support

Whatever your circumstances, I understand that your children come first. A fair Order of Support is essential in order to attend to their needs and is a primary goal of my practice. A strong presentation of individual circumstances is necessary for custody battles, and I work with you to present your custody issues in the strongest and most effective way possible.

Spousal Support

Spousal support is only one of the awards that a court may order when a couple gets divorced. It used to be called “alimony.” I can help you pursue financial support from your former partner to maintain your standard of living and ease your transition back into single life.

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Fighting against the legal system can be terrifying, but with Richard Shum, you never have to fight alone.

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Experienced Manhattan Divorce Lawyer - NYC Divorce & Family Law Attorney

Going through a divorce can be overwhelming. Divorce cases are often emotionally and financially exhausting for everyone involved. If the divorce is contentious, the strain on each spouse can mount every day, and, if the process drags on, the situation can become still more challenging.  Whether you are divorcing in Manhattan or somewhere else in New York, having skilled representation by an experienced attorney can significantly reduce both the emotional and financial damage from a divorce.

I understand the repercussions a divorce can have on your life and your family. My aim is to guide you through the process as painlessly as possible. Through our experience in handling family law cases, we can provide legal representation that is tailored to the client’s needs.

As your Manhattan divorce attorney, I believe in the importance of having a clear, pragmatic, and powerful approach to family law, and advocating for each of my clients with passion and determination. If you are facing a tough contested divorce situation or are working with an uncontested divorce, we may be able to provide the legal advice you need.

Our attorneys at the Law Office of Richard Shum have a wealth of experience in divorce law and can help you understand your rights and options. We know that every divorce is unique, which is why we take the time to review your case and develop a personalized strategy that works for you. Whether you’re dealing with child custody issues, property division, or spousal support, we’re here to help.

Call us today at (646) 259-3416 to schedule a free consultation.

Grounds for DivorceDefinition
No-Fault Divorce (Irretrievable Breakdown)Both parties agree that the marriage has irretrievably broken down over the past six months.
Cruel and Inhuman TreatmentPhysical, verbal, or emotional abuse that can endanger a person’s well-being.
AbandonmentOne spouse abandoned the other for a period of at least a year or refused to engage in sexual relations.
ImprisonmentOne spouse has been in prison for three or more years in a row, and the sentence must have started after the marriage.
AdulteryEvidence from a third party that one spouse committed adultery.
Judgment of SeparationBoth spouses have been separated by a separation agreement for over a year.

“Attorney Richard Shum assisted my family and I with a very difficult landlord. At a time of a lot of concern and uncertainty, Mr. Shum was there for us every inch of the way, his confidence and vast knowledge of the law, together with his passion for it and for helping people, provided us the serenity to go on about our life, while he took care of they daunting matter. At the end we reached an agreement only Atterney Shum could achieve. Since I recommended his service to any friends that is in need of help with legal matters, from Landlord/Tenant to family court, and in every case I receive a thank you call from said friends, following the successful outcome he provided. So, as I say to my friends, if you need an Attorney that will fight for you, and not stress you out, call this guy. you will thank me.”

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How Our Team of Divorce Lawyers Can Help With Your Manhattan Divorce

Our law firm understands how important it is to minimize conflict in divorce cases. When you hire us, you will not only get a lawyer who is skilled at providing the legal representation you need but also someone who will advocate for you and strive to get you a favorable outcome.

The skilled lawyers at the Law Office of Richard Roman Shum will work hard to help you minimize the tension and create aggressive strategies when necessary to ensure that your rights are protected. Our experienced attorneys will handle your case with attention and compassion. We want you to be satisfied with the outcome and help you start anew.

Divorce is not something that you have to go through alone. Family law attorney Richard Shum and our team of divorce lawyers are here to help you.

Call the Law Office of Richard Roman Shum today to schedule a free consultation at (646) 259-3416.

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Divorce Attorney Richard Shum Discusses the Types of Divorce in New York

There are two main types of divorce cases in New York:

An uncontested divorce happens when the couple agrees to end their marriage without any arguments about the main issues surrounding their divorce. If the couple is able to agree on matters such as property division, alimony, and custody of any children they share, they may be able to file for an uncontested divorce. 

Getting an uncontested divorce can have many benefits. They usually provide a way for both parties to have open communication about key divorce issues. When there are minor children involved, an uncontested divorce can be a great option to lessen the tension and emotional struggle between the couple. 

However, an uncontested divorce can still turn into a contested one if the communication between the couple takes an unfriendly turn. In such a situation, having a skilled Manhattan divorce attorney is important.

A contested divorce happens when there are disputes over key divorce issues. This type of divorce usually goes to court and a judge makes the decisions for the couple. Thus, contested divorce proceedings can take up more time and increase the tension between the parties. 

There are a lot of steps involved in a contested divorce. First, the petitioner would need to prepare, file, and serve the divorce petition to the other spouse. Then, the other spouse will have to respond to the petition and both sides will have to hire their own lawyer. Next comes the “divorce discovery”, where both spouses will gather information related to the divorce. After the discovery, pre-trial and hearings come next, then settlement proposals and negotiations. 

If the settlement negotiations fail, the couple will have to go to a trial. Once the trial is over, the couple may file an appeal if they want to dispute the judge’s decisions. 

In a contested divorce, having an experienced divorce attorney can make a huge difference. A skilled lawyer can work to create strategies that will help resolve the case in the client’s best interests.

At the Law Office of Richard Roman Shum, our team of lawyers will work with you and guide you throughout the contested divorce process. We will attempt to resolve any issues through careful negotiations, but we can also use aggressive strategies, if necessary, to ensure that you get what you deserve out of the divorce. We are prepared to take your case to trial and ensure that we are able to protect your legal rights.

To schedule a free consultation, call us at (646) 259-3416.

“I was very impressed with how astute, detail oriented and methodical Richard is with his work. He is experienced, technically proficient, highly effective and an excellent negotiator, who is proactive and knows the law inside and out. Richard kept me informed regularly and was responsive to all my requests and queries. All the traits that any good lawyer worth his salt should possess.”

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Family Lawyer Richard Roman Shum Explains the Grounds for Divorce in New York

There are a few different grounds for a divorce in New York. “Grounds” refer to the legally acceptable reasons why someone would want to get a divorce in New York. One of these grounds is the “no-fault” divorce also known as “Irretrievable Breakdown”. This ground happens if both parties agree that the marriage has irretrievably broken down over the past six months. In other states, this ground is also commonly known as irreconcilable differences.

A no-fault divorce will only be granted after key issues such as property distribution, spousal support, child support, visitation & custody, and debts are resolved by the couple or determined by the court.

The other grounds for divorce in New York are as follows: 

  • Cruel and inhuman treatment – physical, verbal, or emotional abuse that can endanger a person’s well-being can be a ground for divorce. If the petitioner finds that it is “unsafe” to live with the other person, they may file for a divorce. However, the judge will look at specific instances of abuse or cruelty before they grant the divorce under this specific reason.
  • Abandonment – This ground can be used if one spouse abandoned the other for a period of at least a year. Also, if one spouse refuses to engage in sexual relations with the other, this can also be considered abandonment. In such a situation, it can be considered “constructive abandonment”.
  • Imprisonment – If one spouse has been in prison for three or more years in a row, this can be a ground for divorce. However, the sentence must have started after the marriage. It is possible to file for a divorce even if the other spouse is still in prison. This ground can also be used to file for a divorce up to five years after the other spouse’s release from prison.
  • Adultery – To be able to use adultery as grounds for divorce, there must be evidence from a third party that one spouse committed adultery.
  • Judgment of Separation – If both spouses have been separated by a separation agreement for over a year, then they may be able to use it as grounds for divorce. The couple may be able to use their separation agreement to make the divorce easier. They have the option to follow the terms of the separation instead of drafting a new one for the divorce. However, the couple must have lived separately for a year after the agreement was drafted before they may be allowed to use this ground for their divorce.

At the Law Office of Richard Roman Shum, New York divorce lawyer Richard Shum and our team of skilled Manhattan divorce lawyers may be able to help you navigate the complexities surrounding the divorce process.

If you are looking for experienced legal advice regarding your divorce, call our Manhattan office today at (646) 259-3416 to schedule a free consultation.

To successfully navigate a high net-worth divorce in Manhattan, it’s imperative to seek the counsel of an experienced attorney who can handle the intricacies and complexities of such cases. Typically, a high net-worth divorce involves over one million dollars in net liquid assets and is subject to New York’s law that enforces equitable distribution of marital assets. In today’s landscape, these divorces can involve even higher liquid assets, making it all the more important to have a knowledgeable attorney such as Richard Roman Shum.

The process of equitable distribution in New York State involves several steps, including identifying assets, categorizing them as marital, separate, or a combination of both, valuing the marital assets, and equitably distributing them between both parties. The valuation, distribution, and identification of assets in high-net-worth divorces can be particularly complex.

We have a proven track record of success and have helped countless clients in Manhattan and throughout NY. Our clients appreciate our personalized approach and our commitment to achieving the best possible outcome in every case.

If you’re ready to speak with one of our attorneys about your legal separation or divorce case, click here to schedule a consultation. We’ll review your case, answer any questions you may have, and help you understand your rights and options.

Richard Roman Shum is a skilled attorney with extensive experience in handling high-net-worth divorce cases. He recognizes the inherent risks involved, particularly for individuals who have worked hard to attain their wealth. With his experience, clients can navigate the complexities of high-net-worth divorces more effectively, ensuring a just and equitable outcome. Call The Law Office of Richard Roman Shum today to schedule a consultation. 

Child custody refers to the legal responsibility to take care of a child. In divorce cases, legal custody means having the decision-making power over important aspects of a child’s life such as education and healthcare. In New York, there are two types of legal custody: sole custody and joint custody.

Sole custody is when only one parent has the ultimate decision-making power in the child’s life. While the non-custodial parent has the right to weigh in when it comes to deciding about the child’s education or medical aspects, they will not be able to make any decisions. Only the custodial parent will have authority and control in each decision that affects the child’s welfare.

Joint custody, on the other hand, refers to a situation where both parents share the decision-making power about their child’s life. In a joint custody arrangement, the parents are expected to communicate openly about their child’s current situation and to keep both sides informed about the child’s needs. Parents who share custody are also expected to make decisions together.

Custody is separate from visitation. Visitation refers to the right of a non-custodial parent to see or visit the child. The court may set a visitation schedule that will suit the child and the non-custodial parent’s schedule. In some cases, the court can also allow both parents to decide how visitation can happen.

One key issue in a divorce proceeding is maintenance (also known as alimony or spousal support). Alimony is made for spouses who are going to leave a marriage without the means to support themselves financially. Depending on the situation of the couple, monetary spousal support can be awarded for a definite amount of time or it can also be long-term. Even while the divorce process is ongoing, spousal support may be made available. 

Spousal support or alimony is an issue that can raise tension between the couple. Awarding alimony is usually determined on an individual basis. The courts will consider facts such as how long the couple has been married, their income, contributions to the marriage, and other factors. Unless both parties file a modification of the spousal support, they are expected to comply. 

Spousal support can quickly become very complicated, especially in high-net-worth divorces. Our team of experienced divorce attorneys at the Law Office of Richard Roman Shum may be able to help you protect your legal and financial interests in a divorce. Contact us today to schedule a free consultation.

New York is an “equitable division” state. Equitable division means that the court will divide the marital property fairly. The couple will not get a 50/50 share of the property but will rather receive a share that the court deems fair.

In order to understand how this distribution works, it is important to understand the difference between separate and marital properties. According to New York Domestic Relations Law, separate property refers to property that belongs to one spouse exclusively.

Separate property can also refer to

  • property obtained or owned before marriage.
  • property obtained by inheritance or gift from someone other than the spouse.
  • compensation for personal injuries during the marriage, excluding loss of wages or earning capacity compensation.
  • any increase in the value of the separate property.
  • if a prenuptial agreement exists, any property is described as separate property in that agreement.

Marital property refers to any property owned or obtained by the couple over the course of their marriage. These properties usually include the home, a business that the couple started together, and others. In the case of equitable distribution, such assets will be counted and distributed equitably among the couple.

Seeking the legal advice of an experienced New York attorney can help you and your spouse identify marital property from separate property. The skilled divorce attorneys at the Law Office of Richard Roman Shum will work hard to protect your financial interests and help ensure that you can get a favorable outcome.

Call us today at (646) 259-3416 to schedule a free consultation.

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New York Divorce Lawyer Richard Shum Explains the Divorce Requirements in New York City

In New York before the courts will consider issuing a divorce decree, there are requirements that must be met. One of these divorce requirements is the residency requirement of the couple. The divorce will only proceed if at least one of the parties has been a resident of the state for at least 60 days prior to the filing of the petition. If there is a dispute in the residency, the petitioner may provide proof that they have lived in the state by showing their driver’s license, a lease, or other documents that may be proof of residency. 

There may also be exceptions to the divorce residency requirement. If a person is stationed on a military post, they may still be able to pursue a divorce. Even if they are not permanently residing in the state, they can still petition for a divorce as long as they have been stationed within the state for 60 days before they file the petition. 

These requirements are very important for the petitioner to keep in mind before they proceed to file for a divorce. Failure to comply with these requirements can cause delays in the process. Only after they have established the residency requirement will they be able to proceed with the divorce. 

A skilled divorce lawyer may be able to help in ensuring that all requirements are met. Speak to the experienced Manhattan attorneys at the Law Office of Richard Roman Shum today to schedule a free consultation.

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Going through litigation for your divorce can be an emotionally and legally challenging experience. You need an able advocate for and defend your rights to bring the matter to its best possible conclusion. In both contested and uncontested divorce cases, Richard Roman Shum provides expert and agile representation from inception through trial in court.

At times, even the friendliest of spouses can find themselves in the middle of a contentious battle during a divorce, especially if there is gaslighting and manipulation involved in the divorce process. Fortunately, there can be a way to prevent the tension created by a contested divorce.

Couples have the option to terminate their marriage amicably by opting to file for an uncontested divorce. In an uncontested divorce, the couple can come to a mutual agreement on key issues of their marriage without going to court. Issues such as child support, spousal support, division of property, and more can be settled by direct negotiation between the former couple and their attorneys.  In a contested divorce, on the other hand, the former spouses are so far apart on these issues that the court must get involved in order to settle them

If you are looking for the best option for you and your family, it is important to seek the legal advice of experienced Manhattan uncontested divorce lawyers. At the Law Office of Richard Roman Shum, Esq., PLLC, our New York family law attorney has years of experience helping families settle major divorce issues without resorting to a contested divorce. Our team, headed by Manhattan divorce attorney Richard Roman Shum, has the knowledge and skills to help you every step of the way.

Contact us today at (646) 259-3416 to schedule a free consultation.

When it comes to family law matters in New York, it’s essential to have a divorce attorney who is both experienced and compassionate. At the Law Office of Richard Roman Shum, Esq., PLLC clients can expect personalized and effective legal representation to help them navigate the emotional turmoil and stress involved with divorce. Richard Roman Shum, a renowned Manhattan divorce attorney, is committed to ensuring his clients’ rights and interests are protected throughout the legal process.

Recognizing that divorce is a challenging experience, Attorney Richard Roman Shum offers a free consultation to help individuals begin their cases. During this meeting, potential clients can discuss their concerns and gain a better understanding of their legal options. The law firm’s dedication to client satisfaction and personalized approach helps establish a comfortable and trustworthy relationship.

With extensive knowledge of family law, including child custody, spousal support, and property division, divorce lawyer Richard Roman Shum provides clear, concise, and practical legal advice to empower his clients to make informed decisions about their future.

If you’re facing divorce and need a compassionate divorce lawyer in New York, the Law Office of Richard Roman Shum can help. Contact us today to schedule your free consultation and take the first step toward achieving a favorable resolution to your case.

An uncontested divorce takes place when there are no disagreements between the couple about critical issues surrounding their divorce. These issues include child custody, child support, alimony, and property distribution. Another reason why an uncontested divorce may come about is when the other spouse readily agrees to the divorce or fails to appear in the divorce action.

The process for an uncontested divorce can be fairly easy if the couple has no property or assets accumulated during the marriage, or if there are no minor children involved. By preparing and processing the documents, a divorce lawyer can help file for the divorce package, pay the filing fees, and in about 6 months’ time release the attorney-prepared Findings & Judgment signed by the judge.

A Manhattan uncontested divorce lawyer can help you with all aspects of your divorce, including drafting an agreement, filing the necessary paperwork, and representing you in court if necessary. We offer a flat fee for uncontested divorces, so you know exactly how much your divorce will cost upfront.

If you believe that an uncontested divorce may be the best choice for you and your family, hiring a skilled uncontested divorce attorney is important. A skilled uncontested divorce lawyer may be able to help you understand your roles and responsibilities in the divorce and help you achieve a favorable outcome.

At the Law Office of Richard Roman Shum, Esq., PLLC our team of Manhattan uncontested divorce lawyers understands the importance of ending a marriage in the most harmonious way possible. Divorce attorney Richard Roman Shum and our skilled attorneys can use their knowledge and skills in family law to guide you and your family through the divorce process.

Contact us today at (646) 259-3416 to schedule a free consultation. 

In order to file for an uncontested divorce in Manhattan, there are specific qualifications that must be met under New York divorce laws. These requirements help ensure that the court has the proper authority to grant the divorce and that both parties are eligible to proceed without contest. Understanding these qualifications is an important step in moving forward with the divorce process.

Residency Requirements for Divorce in New York

Before filing for an uncontested divorce in Manhattan, at least one of the spouses must meet New York’s residency requirements. Typically, this means that either spouse must have lived in New York for at least two years before the divorce is filed, or the couple must have been married in the state and one spouse has lived in New York for at least one year. These rules help determine which court has jurisdiction over the divorce proceedings.

Legal Grounds for an Uncontested Divorce

New York allows for both fault and no-fault grounds for divorce. In an uncontested divorce, most couples opt for no-fault grounds, citing an irretrievable breakdown of the marriage for at least six months. This allows the divorce to move forward without assigning blame to either party, making the process smoother and less adversarial.

Necessary Documentation for Filing

To file for an uncontested divorce in Manhattan, specific documents must be completed and submitted to the court. These include a Summons and Complaint, a Settlement Agreement that outlines the terms of the divorce, and financial affidavits. Both parties must agree to the terms outlined in these documents for the divorce to proceed uncontested. Properly completing and submitting the required paperwork is essential for avoiding delays in the divorce process. 

The uncontested divorce process in Manhattan follows a clear and straightforward path, making it a more efficient option for couples who are in agreement on key issues. Each step is important to move the process along without unnecessary delays. Understanding the stages involved helps ensure a smooth progression toward the finalization of the divorce. 

Preparing and Filing the Divorce Petition

The first step in the uncontested divorce process is preparing and filing the divorce petition. This involves completing a Summons and Verified Complaint, which must accurately state the grounds for divorce and provide details about the marriage. The petition is then filed with the appropriate New York court. At this stage, both spouses should be in agreement about pursuing an uncontested divorce, as this will streamline the entire process.

Serving the Divorce Papers

Once the divorce petition is filed, the next step is serving the divorce papers to the other spouse. This is a formal requirement under New York law, which ensures that both parties are properly informed of the legal action. The papers must be delivered within a specific time frame by an individual who is over 18 and not directly involved in the case. After the papers are served, the receiving spouse has the opportunity to respond, typically acknowledging their agreement to proceed uncontested.

Finalizing the Divorce Agreement

The final step in the uncontested divorce process is finalizing the divorce agreement. This document outlines all of the agreed-upon terms, such as the division of assets, spousal support, and child custody arrangements if applicable. Both spouses must review and sign the agreement before submitting it to the court for approval. Once the court finds the agreement fair and in accordance with New York law, the divorce is granted, and a judgment is issued.

An uncontested divorce in Manhattan offers several advantages and disadvantages that couples should consider when deciding how to proceed with their separation. Understanding these pros and cons can help you make a more informed decision about whether an uncontested divorce is the right choice for your situation.

Advantages of an Uncontested Divorce in Manhattan

Cost-Effective

An uncontested divorce is typically much less expensive than a contested divorce. Since both parties agree on key issues such as property division, spousal support, and custody arrangements, legal fees and court costs are generally lower. This can be especially beneficial for couples looking to avoid the financial strain that often accompanies a lengthy legal battle.

Faster Resolution

With fewer disputes to resolve, uncontested divorces tend to move through the court system more quickly. The couple avoids the drawn-out negotiations and court hearings that are often necessary in contested divorces. This streamlined process can lead to a quicker resolution, allowing both parties to move on with their lives sooner.

Less Stressful

Uncontested divorces are usually more amicable and less emotionally taxing than contested ones. When both parties are willing to cooperate and agree on terms, there is often less tension, making the process more manageable emotionally. This is particularly beneficial when children are involved, as it promotes a more harmonious environment during an otherwise difficult time.

Greater Control

In an uncontested divorce, the couple maintains more control over the outcome of their divorce. Instead of having a judge make decisions on important issues, the spouses can work together to create a settlement that works for both of them. This allows for more flexibility in crafting solutions that meet their specific needs.

Disadvantages of an Uncontested Divorce in Manhattan

Potential for Overlooking Important Issues

One of the primary drawbacks of an uncontested divorce is the potential for missing or overlooking important legal or financial issues. Without the involvement of a lawyer or proper legal advice, couples may unknowingly agree to terms that are not in their best interest. This could lead to unfavorable consequences, particularly in complex financial situations or when there are significant assets involved.

Limited Recourse if Agreements Become Unworkable

If circumstances change after the divorce is finalized—such as one spouse’s financial situation deteriorating or custody arrangements needing adjustments—it can be difficult to modify the terms of an uncontested divorce agreement. Modifications often require returning to court and reopening the case, which may become more complicated and expensive than expected.

Unsuitable for High-Conflict Situations

Uncontested divorce works best when both parties are amicable and willing to cooperate. In situations where there is a high level of conflict, unresolved resentment, or issues related to domestic violence or abuse, an uncontested divorce may not be appropriate. In such cases, pursuing a contested divorce with clear legal intervention may be necessary to protect one’s rights and safety.

Limited Legal Guidance

Since uncontested divorces often involve less attorney involvement, couples may not receive the full benefit of legal advice that can help them understand their rights and obligations. Without professional guidance, one party may agree to terms that are unfavorable in the long run, simply for the sake of expediency.

An uncontested divorce in Manhattan can offer a faster, more affordable, and less stressful option for couples who are in agreement on all major issues. However, it may not be suitable for everyone, particularly in complex situations or where there is significant conflict. Careful consideration of both the advantages and disadvantages is essential to determine if an uncontested divorce is the right path for you. Consulting with a Manhattan uncontested divorce lawyer can help you better understand the potential benefits and drawbacks based on your unique situation.

Divorce can be complicated even if you do not have children. But when there are children involved, the process can be even more complex and emotional. With an uncontested divorce, a couple still needs to address and resolve all key issues such as child custody and child support. Some of the most important issues in a divorce involve children, and an uncontested divorce is only possible if the parents are able to agree on the issues. 

One of these important issues in a divorce involving children is child custody. With the help of an attorney, a couple will have to formulate a parenting plan for their children. The children’s best interests must be at the forefront of the mind when it comes to deciding on a custody arrangement.

Another important issue in an uncontested divorce with children is child support. Usually, the parent with the least amount of time spent with the children will be legally responsible for paying child support. The amount of the payment can vary from one case to another.

Other issues that may arise in an uncontested divorce involving children include visitation rights and parent relocation.

AspectUncontested DivorceContested Divorce
Legal Assistance and ProceduresRequires less legal intervention; smoother process as the couple agrees on terms.Involves more legal assistance due to hearings, depositions, and court procedures.
Marital Agreements and AppealsAgreements are generally final and binding; limited circumstances for appeal or modification.Judgments are more likely to be appealable, as decisions are made by a judge.
DurationTypically takes 3-6 months, depending on factors like settlement drafting and mediation.Can take 9 months to a year or longer due to court backlogs, especially with complex issues like domestic violence.
CostsLower costs due to minimal court involvement; expenses include filing and service fees.Higher costs due to court fees, legal fees, and possibly investigator fees, especially in cases involving financial or personal disputes.

Divorce can be divided into two main categories: contested and uncontested divorce. Each type has distinct legal requirements, procedures, and costs. Understanding these differences can help couples make informed decisions about their separation.

Legal Assistance and Procedures

Contested divorce typically requires more legal assistance due to the various hearings, depositions, and legal procedures involved in obtaining a court decree. On the other hand, an uncontested divorce requires less legal intervention since the couple agrees on the terms and conditions, making the process smoother.

Marital Agreements and Appeals

In uncontested divorce, agreements are generally considered final and binding once a judge orders a judgment of divorce. They are typically not subject to appeal, although there may be certain circumstances where an appeal or modification is permitted. In contrast, contested divorce judgments are more likely to be appealable since they are determined by a judge rather than the couple themselves.

Duration

In New York, an uncontested divorce usually takes three to six months to complete, depending on factors such as the speed of drafting a settlement agreement, the duration of mediation, and the complexity of the couple’s assets and children. On the other hand, a contested divorce can take longer due to court backlogs, ranging from nine months to a year or even more, especially if the case involves domestic violence or abuse allegations that require thorough examination and investigation.

Costs

A contested divorce is generally more expensive than uncontested divorce due to additional court and lawyer fees incurred during the process. Moreover, in contested divorce cases, one party may hire an investigator to uncover inconsistencies about their partner, such as financial irregularities or adultery, further increasing costs. On the contrary, uncontested divorce usually involves lower expenses, including document filing costs, nominal service fees for divorce papers, and court fees for certifying the judgment order.

Even in an uncontested divorce, there are key issues that need to be resolved for the divorce to move forward. When both parties are in agreement, these matters can be handled efficiently, making the process less stressful for everyone involved. The most common issues that couples address during an uncontested divorce are related to finances and family arrangements.

Division of Assets and Debts

A central issue in any divorce is the division of marital assets and debts. In an uncontested divorce, both spouses work together to agree on how their property, bank accounts, and any debts will be split. New York follows the principle of equitable distribution, which means assets and debts are divided fairly, though not always equally. Reaching a mutual agreement in this area helps avoid prolonged disputes and allows the divorce to proceed without unnecessary delays.

Alimony and Property Division in a NY Uncontested Divorce

Another issue a divorcing couple may need to face is property division. Asset division does not only mean dividing property, but debts and retirement savings. Hiring a skilled lawyer to help you with asset division is very important to help ensure equitable distribution of assets.

Alimony, known in New York as Maintenance,  is yet another matter that a couple will have to agree on when they are dealing with an uncontested divorce. Alimony, or spousal support, does not depend on whether the couple has children, but is intended to provide financial support to the spouse who earns less.

Child Custody and Visitation Arrangements

For couples with children, establishing child custody and visitation arrangements is often a top priority. In an uncontested divorce, both parents need to agree on how custody will be shared and what the visitation schedule will look like. In New York, these decisions must be made with the best interests of the child in mind, ensuring that the child’s needs are prioritized. Clear and cooperative agreements on custody and visitation help to maintain stability for the children as the divorce process unfolds.

NYC Divorce attorney Richard Roman Shum may be able to assist you and your spouse when it comes to property division and spousal support in an uncontested divorce. His years of experience and knowledge of the divorce laws in New York have helped many families achieve a smoother divorce.

Contact us today at (646) 259-3416 to schedule a free consultation.

DIY divorce options can seem appealing, especially in an uncontested divorce where both parties are in agreement. However, divorce and family law in New York can still present challenges that may not be immediately obvious. Understanding your rights and responsibilities is crucial to protecting your long-term interests. Overlooking important legal details can lead to unintended consequences, such as unfavorable financial settlements or custody arrangements. A skilled Manhattan uncontested divorce lawyer from the Law Office of Richard Roman Shum, Esq., PLLC Esq., PLLC can provide the support needed to help you avoid costly errors while guiding you through several important aspects of the process:

Streamlining the Divorce Process

With the help of our attorneys, you can complete and submit the necessary paperwork accurately, reducing the likelihood of mistakes that could cause delays. Our team’s experience allows us to identify potential issues early on and help you efficiently finalize the divorce, so you can move forward without unnecessary complications.

Avoiding Legal Pitfalls and Delays

Even uncontested divorces can face obstacles if documents are incomplete or not submitted correctly. We can help you avoid common legal pitfalls that can cause delays or require corrections. Our attorneys can handle the paperwork and procedures properly from the outset, reducing the risk of setbacks in the divorce process.

Fair and Legal Agreements

When couples agree on the terms of their divorce, it’s essential that these agreements are both fair and legally binding. Our Manhattan uncontested divorce lawyers can review the terms of your settlement, such as asset division, spousal support, and child custody arrangements, to make sure they comply with New York law and are enforceable. This helps protect your interests and provides peace of mind as you finalize the divorce.

At the Law Office of Richard Roman Shum, Esq., PLLC our team of skilled Manhattan divorce attorneys may be able to assist you in tackling the challenges of an uncontested divorce. We provide experienced legal assistance to clients, helping them make informed decisions and guiding them toward the most favorable outcome possible. 

Call us today at (646) 259-3416 to schedule a free consultation. 

 

Divorce is never easy. A couple may be able to mutually agree on certain issues surrounding the divorce but it does not mean that tension is not present between the parties. A lot of the key issues surrounding a divorce need to be placed in a legally enforceable document. These issues include assets, child custody or visitation, and spousal support.

If you are wondering whether an uncontested divorce is the right choice for you, working with a skilled attorney can clarify your options. At the Law Office of Richard Roman Shum, Esq., PLLC our team of Manhattan uncontested divorce attorneys offer compassionate legal representation and can guide you through the process.

To learn more about which option is best for you, contact us at (646) 259-3416.

Law Office of Richard Roman Shum, Esq., PLLC.

Getting Legal Help From Skilled Lawyers at a Manhattan Divorce Law Firm

Going through a divorce is never easy. It can be a highly emotional time and can bring a lot of stress to everyone involved. Having a skilled lawyer to help you navigate this process can be helpful in ensuring that you are getting the most favorable income possible. An experienced lawyer may also be able to help you ensure your children’s well-being is protected.

At the Law Office of Richard Roman Shum, we have extensive experience in handling both legal separation and divorce cases. Family lawyer Richard Shum and our team of experienced attorneys are dedicated to providing the best possible representation for our clients in New York City. Our firm’s profile and reputation speak for themselves, and we have received numerous positive reviews from satisfied clients.

Our team of NYC divorce lawyers understands the importance of keeping the divorce process as harmonious as possible. We will work hard to make sure that our clients feel heard and protected. We will strive to ensure that your best interests are taken into consideration.

Contact us today at (646) 259-3416 to schedule a free consultation.

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