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Law Office of Richard Roman Shum, Esq., PLLC.
A Manhattan divorce becomes contested when spouses disagree on the divorce itself, the legal grounds, or core issues involving children, finances, or property. Even if both parties agree to end the marriage, the case remains actively contested as long as a single disputed issue is unresolved. These matters are filed in New York County Supreme Court, where an assigned justice dictates discovery deadlines, issues temporary orders, and oversees all trial proceedings.
At the Law Office of Richard Roman Shum, Esq., you receive dedicated, strategic support for your divorce. As an experienced Manhattan contested divorce attorney, Richard Roman Shum guides you through the toughest issues, including dividing valuable assets, valuing businesses and real estate, fighting for child custody, and handling support disputes. A lifelong New Yorker, he works directly with you from your first meeting to the final judgment to protect your finances and your family’s future.
Signs your divorce may become contested:
This guide explains the grounds for divorce, how long a contested case takes, equitable distribution and business valuation, custody standards, the effect of a prenuptial or postnuptial agreement, privacy protections, common mistakes, discovery and trial, and cost. Contact the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to speak with divorce lawyer Richard Roman Shum about your case.
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A divorce is contested when a spouse opposes the divorce, disputes the grounds, or disagrees on financial, property, or parenting issues. An uncontested divorce can also proceed by consent or default, so a signed settlement by both spouses is not required in every uncontested case. A contested divorce means at least one issue remains unresolved. If the parties do not settle it, a justice of the New York County Supreme Court can decide the issue after disclosure and any required hearings or trial.
In contested cases involving financial issues, New York’s matrimonial rules require a preliminary conference and financial disclosure, including statements of net worth. The scope of additional discovery depends on the issues that remain disputed. A compliance conference is scheduled unless the court dispenses with it based on a stipulation of compliance. After discovery, if unresolved issues remain for trial, the parties file a note of issue when the case is ready for the trial calendar.
| Feature | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement on terms | All terms resolved or unopposed | One or more disputed issues |
| Court appearances | May require none | Preliminary conference and any additional conferences required by the court |
| Financial process | Uncontested papers and any required financial disclosures | Financial disclosure and discovery based on the disputed issues |
| Duration | Varies by filing and court schedule | Varies by disputed issues and court schedule |
| Main cost drivers | Drafting and filing | Motions, depositions, professional evaluators, trial |
A Manhattan divorce remains contested when spouses cannot agree on:
If your spouse has filed or refuses to negotiate, contact us at (646) 259-3416 for a free consultation before your first court date.
New York recognizes both fault-based and no-fault grounds under Domestic Relations Law (DRL) Section 170. The no-fault ground allows a spouse to establish grounds without proving marital fault. Property division is decided separately under DRL Section 236(B), which directs the court to consider the statutory equitable distribution factors.
Under DRL Section 170(7), a court may grant a divorce when one spouse states under oath that the relationship has broken down irretrievably for a period of at least six months. The other spouse cannot defeat that allegation by disputing it. However, no judgment is granted until any applicable issues involving property division, spousal support, child support, counsel and professional fees, and child custody or visitation are resolved by the parties or decided by the court.
Key Takeaway: DRL Section 170(7) allows a contested divorce to proceed on the no-fault ground while financial, property, or parenting issues remain disputed.
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There is no fixed one-to-three-year timetable for a contested Manhattan divorce. The total time depends on the disputed issues, discovery, motion practice, settlement efforts, and the court’s calendar. Cases filed in New York County are governed by statewide matrimonial rules, although local court parts may impose additional procedures or scheduling requirements.
Several factors extend the schedule. Discovery disputes over bank records or business documents can require motions to compel. A contested custody case may involve a court-appointed evaluator. A business valuation dispute may involve an accountant or appraiser, but a neutral appointment is not required in every case.
Attorney Richard Roman Shum can explain the likely schedule for your matter; contact our office at (646) 259-3416.
New York divides marital property equitably, not equally, under DRL Section 236(B). Equitable means fair in light of the statutory factors, including the length of the marriage, each spouse’s income and property at the time of marriage and at filing, the loss of health or pension benefits, and the direct and indirect contributions of a spouse who cared for the home.
In Christian v. Christian, 42 N.Y.2d 63 (1977), the Court of Appeals confirmed that spouses stand in a relationship of trust and that agreements affecting marital property are examined closely for fairness.
Marital property includes property acquired by either spouse during the marriage and before the execution of a separation agreement or commencement of the matrimonial action, regardless of title, except property that qualifies as separate property.
Separate property is property owned before the marriage, an inheritance, a gift from someone other than the spouse, and compensation for personal injuries. The distinction breaks down when separate property is commingled.
An inheritance placed in a joint account is presumed marital unless the spouse claiming it as separate property proves otherwise by clear and convincing evidence. A premarital apartment remains separate property, but part of its increase in value can be marital if the other spouse’s contributions or efforts helped create that increase. Tracing those funds through account statements can become an important issue in a contested divorce.
When one spouse owns a professional practice, closely held company, or partnership interest, valuation evidence may be needed. The court sets the valuation date for each asset, and that date can fall anywhere from commencement of the action through trial.
Disputes arise over the valuation method, the owner’s reported income, and whether appreciation of a separate business is marital because the other spouse contributed to it. In Petracca v. Petracca, 101 A.D.3d 695 (2d Dep’t 2012), the court set aside a postnuptial agreement that stripped a spouse of essentially all interest in substantial marital assets, illustrating how closely courts examine one-sided arrangements involving high net worth estates.
Key Takeaway: New York courts divide marital property equitably, not equally. Disputed business interests or other assets may require valuation evidence before the court decides equitable distribution.
Our high net worth divorce attorney in Manhattan can assess your asset profile; reach out to us at (646) 259-3416.
“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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Custody in New York is decided under the best interests of the child standard, and there is no presumption favoring either parent. Judges weigh:
Relocation requests are analyzed under Tropea v. Tropea, 87 N.Y.2d 727 (1996), which asks whether the move serves the child’s best interests rather than applying a rigid test. Courts consider each parent’s reasons for seeking or opposing the move, the quality of the relationships involved, and whether the move will enhance the child’s economic and emotional life. The court will weigh how the proposed distance affects the amount and quality of the child’s contact with the noncustodial parent, and whether a workable parenting schedule can be arranged to preserve that relationship.
Key Takeaway: New York County Supreme Court applies the best interests of the child standard when deciding custody in a divorce, including relevant evidence about stability, caregiving, and each parent’s ability to support the child’s relationship with the other parent.
Richard Roman Shum, Esq. is a lifelong New Yorker and a resident of the Lower East Side, one of Manhattan’s most diverse neighborhoods. His practice covers divorce, child custody, child support, spousal support, and property division, along with select business, real estate, landlord-tenant, and transactional matters. His firm represents spouses on both sides of contested matrimonial litigation, including cases involving closely held businesses, disputed separate property claims, and contested parenting arrangements.
Clients work directly with attorney Richard Roman Shum throughout their legal matters. He provides candid assessments regarding evidence sufficiency before filing, and his practice emphasizes thorough preparation, a clear, pragmatic strategy, and practical legal guidance tailored to each client’s financial circumstances.
A valid prenuptial or postnuptial agreement can remove entire categories of dispute from a contested divorce by fixing in advance how property is classified, what maintenance is payable, and how debt is allocated.
Under DRL Section 236(B)(3), the agreement must be in writing, signed by both parties, and acknowledged or proven in the manner required to record a deed. An agreement that is neither acknowledged nor proven in the required manner is unenforceable in a matrimonial action.
Courts examine an agreement when one spouse challenges it. Common grounds for invalidation include:
Key Takeaway: A properly executed prenuptial or postnuptial agreement can resolve property or maintenance issues in advance, but a court can set an agreement aside for grounds such as fraud, duress, overreaching, or unconscionability.
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Matrimonial records covered by DRL Section 235 are not open to public inspection except by a party, counsel, or court order. Filed materials remain available to the court and the parties as permitted by law. 22 NYCRR Section 202.16 requires financial disclosure in matrimonial actions, including statements of net worth when required. Its redaction provision applies to matrimonial decisions prepared for publication, not to all papers filed by the parties.
Additional protections are available on request. A protective order can limit who reviews sensitive business records, tax returns, or medical information, and can require that documents produced in discovery be used only for the litigation. The standard redaction rule in 22 NYCRR Section 202.5(e) does not apply to matrimonial filings. A party can ask for a protective order under CPLR Section 3103 to limit or condition discovery of sensitive information, and the court can order additional privacy protections when authorized.
Attorney Richard Roman Shum can address disclosure limits at the preliminary conference; contact our office at (646) 259-3416.
Procedural mistakes, disclosure failures, and violations of court orders can harm a party’s position in a contested divorce:
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Discovery is the formal exchange of financial and factual information during a contested case. Some financial documents are exchanged before the preliminary conference, and the court uses that conference to set deadlines for completing disclosure. It includes sworn statements of net worth, demands for documents such as tax returns, bank and brokerage statements, and business records, written interrogatories, subpoenas to third parties, and depositions of the parties. Cases involving a business or contested custody may include valuation work or a court-appointed custody evaluation, depending on the disputed issues and the court’s orders.
The court schedules a compliance conference during the discovery process unless it dispenses with the conference. After discovery is complete, the parties file a note of issue when the case is ready for trial. Before the pretrial conference, each party files and exchanges a statement of proposed disposition. Ancillary issues such as custody, support, and equitable distribution are tried before a justice. DRL Section 173 separately provides a right to a jury trial on issues concerning the grounds for divorce. The parties can settle unresolved issues before judgment, including after discovery or motion practice.
Manhattan contested divorce attorney Richard Roman Shum can build a compelling case record from the start; schedule a consultation at (646) 259-3416.
The cost of a contested divorce depends on the number of disputed issues, the volume of financial disclosure, whether professional evaluators are retained, and how much motion practice the other side generates. Cases involving business valuation, extensive discovery, or a custody trial can cost more than cases with fewer disputed issues. Fee arrangements vary, but New York’s matrimonial rules require a written retainer agreement and itemized billing at least every 60 days when an attorney charges or collects a fee in a covered domestic relations matter.
Potential expenses in a contested case include:
DRL Section 237 allows the court to award interim counsel fees and fees for accountants, appraisers, and other professionals. Under New York law, the court operates under a presumption that counsel fees will be awarded to the less-monied spouse so both parties have adequate legal representation.
Our office represents clients throughout Manhattan and New York County, including the Lower East Side, Chelsea, the Upper East Side, the Upper West Side, Midtown, Harlem, Tribeca, and the Financial District. We also handle matrimonial matters for clients in Brooklyn, Queens, the Bronx, and Staten Island, and appear in New York County Supreme Court and New York County Family Court.
A contested divorce puts your home, your business interests, your income, and your parenting schedule in front of a judge. Decisions made in the first weeks of the case, including what you disclose, what you agree to informally, and how you respond to temporary orders, shape the result long before trial.
Attorney Richard Roman Shum represents spouses and parents in contested matrimonial litigation in New York County Supreme Court. He provides candid assessments of the evidence, prepares each case thoroughly for both settlement and trial, and works directly with clients through judgment.
Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to schedule a free consultation. Our office is located at 20 Clinton St FRNT, New York, NY 10002, and serves clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
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An uncontested divorce can proceed when the defendant does not oppose the requested relief, including by consent or default, or when the parties have resolved the issues that require agreement. A divorce is contested when a spouse opposes the divorce, disputes the grounds, or leaves financial or parenting issues unresolved.
Cost depends on the number of contested issues, the extent of financial disclosure, and whether outside professionals are needed. Business valuation, real property appraisal, and custody evaluations can add to the cost, and DRL Section 237 allows the less-monied spouse to request interim counsel fees and certain professional expenses.
Yes. If the parties resolve every disputed issue, they can memorialize the settlement and submit the papers needed for an uncontested judgment of divorce.
Temporary maintenance is calculated under DRL Section 236(B)(5-a). Post-divorce maintenance is calculated under DRL Section 236(B)(6), which also contains an advisory duration schedule based on the length of the marriage. A court can adjust the guideline obligation after considering the statutory factors.
No. A postnuptial agreement is made during the marriage and can address property, maintenance, and other financial rights. A separation agreement sets terms for spouses who agree to live separate and apart and can address property, maintenance, custody, and support. Both must be in writing, signed, and properly acknowledged or proven in the manner required to record a deed.
A contested Manhattan divorce can settle before trial if the parties resolve the remaining issues, including after financial disclosure or valuation work. A case proceeds to trial when a core issue such as custody or the value of a business cannot be resolved, and the assigned justice then decides it after testimony.
Under DRL Section 230, New York has several residency paths. No one-year or two-year residency period is required when the grounds occurred in New York and both spouses are New York residents when the action starts. A one-year period applies when either spouse has lived in New York continuously for the year before filing and the parties were married in New York, lived in New York as spouses, or the grounds occurred in New York. A separate two-year path applies when either spouse has lived in New York continuously for the two years before filing. The New York court system’s divorce resources outline the filing requirements in detail.