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

Experienced Uncontested Divorce Lawyer - NY Divorce and Family Law

Litigating the dissolution of a marriage can be daunting and complex. You need an able advocate for and defend your rights to 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.

At times, even the friendliest of spouses can find themselves in the middle of a contentious battle during a divorce. 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 an experienced NYC uncontested divorce attorney. At the Law Office of Richard Roman Shum, 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 consultation.

“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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What is An Uncontested Divorce?

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.

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, our team of NYC family 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 consultation. 

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Key Issues Surrounding an Uncontested Divorce With Children

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 top of mind when it comes to deciding the 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.

“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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Free Consultations and Case Assessments Are Available by Appointment. Off-Hours and Weekend Appointments Are Available.

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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.

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 consultation.

In an uncontested divorce, the person who will start the proceedings is referred to as the Plaintiff and the other spouse is the Defendant. There are two different forms that a plaintiff may use to file an uncontested divorce.  Which form to use depends on whether the couple has children. If the couple does not have children under the age of 21, they can use the DIY uncontested divorce program. But if they have children under the age of 21, they may use the Uncontested Divorce Packet.

The DIY uncontested divorce program is a free computer program for those who opt to not have an attorney. The user will receive the forms they need once they finish the program. The forms will also include step-by-step instructions. There is also an option to print the instructions in Spanish or English.

An Uncontested Divorce Packet can also be used by individuals who are not represented by an attorney. These packets are designed so that the plaintiff can represent themselves if they believe that the divorce is going to be uncontested.  However, by using the packet, the person will not have the benefit of having a lawyer’s advice on the divorce’s key issues.

Once the papers have been signed and notarized, it is important to make copies. Then, the papers may be filed with the County Clerk’s Office. These papers will include Summons With Notice or Summons and Complaint, Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage, and Settlement Agreement if the couple has one.

At the County Clerk’s Office, the court fees will also have to be paid. The case files in the county are also kept in the County Clerk’s office for the Supreme Court. The papers can also be filed using the New York State Courts Electronic Filing system or NYSCEF.

In addition the divorcing spouse must purchase an index number, which in New York costs $210. This number will be the official number for the divorce case and will be placed on all the papers filed.

In total, an uncontested divorce when filed by an individual can cost about $335. This total does not include other small fees such as photocopies, mailing, and transportation. If a person is not able to afford these fees, they may be able to apply for a waiver for the court fees.

While it is possible to file an uncontested divorce without the help of an attorney, having one can help you avoid costly mistakes. At the Law Office of Richard Roman Shum, our team of NY family law lawyers can assist you in filing for an uncontested divorce. Our team of divorce lawyers work hard to help our clients ensure that they have the legal advice and support that they need.

To learn more about our services, contact (646) 259-3416

After filing the divorce complaint, the papers will have to be “served” to the other spouse. This service needs to be done within 120 days of filing the divorce complaint. If it is not filed within this deadline, the court may dismiss the divorce complaint.

The papers will have to be served by someone other than the plaintiff. Anyone over the age of 18 who is not directly related to the divorce case may be able to do the service if the other spouse is living in New York. Often, people use the sheriff’s office or a professional process server instead. If the other spouse is residing outside of New York, the plaintiff will have to obey the rules of the state where the other spouse is currently residing.

Whoever served the other spouse will have to prepare an Affidavit of Service, proving that the defendant received the divorce paperwork. This will be useful in case the other spouse refuses to complete and return the Affidavit of Defendant.

If the defendant files a Notice of Appearance that disagrees with anything in the papers they were served with, then the divorce is no longer uncontested. In this situation, hiring a skilled divorce attorney is very important.

At the Law Office of Richard Roman Shum, our team of experienced divorce lawyers can help you follow important deadlines and assist you in important actions related to the divorce such as serving your spouse with the divorce papers. We can help you ensure that the process goes as smoothly as possible. In the event that you and your spouse can not come to an agreement to file for an uncontested divorce, we can help you protect your rights in a contested divorce.

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

While getting a divorce may be the most favorable solution, an uncontested divorce is not always possible.  Still, it’s important to keep in mind all the advantages of an uncontested divorce in New York.

Many advantages of an uncontested divorce include:

  • An uncontested divorce is faster to complete because the couple does not need a judge or the court to decide on important issues surrounding the divorce. The couple can also skip other processes such as negotiations, litigation, discovery, and many others. Both parties may be able to move on with their lives as soon as possible. 
  • An uncontested divorce can be cheaper than a contested divorce.
  • An uncontested divorce can be smoother and less likely to create a lot of tension between the couple, especially when there are children involved. 
  • An uncontested divorce allows the financial documents to be kept private, unlike a contested divorce where the documents become a part of the public records. 

However, no matter how friendly a divorce may seem, one disagreement on a key issue can turn the situation around and the couple may find themselves in the middle of a contested divorce battle. This is why it is important to seek the legal advice of an experienced lawyer whether the divorce is a contested or uncontested one. A skilled lawyer may be able to help explain the client’s roles and responsibilities in the divorce. 

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The Importance of Having a Divorce Lawyer

DIY divorce options can be tempting, especially in the case of an uncontested divorce. However, divorce and family law can be complicated. Even if you are navigating an uncontested divorce, understanding your rights as well as your responsibilities is very important in protecting your best interests. Not being able to understand these rights and responsibilities can lead to costly mistakes.

Hiring an experienced lawyer specializing in uncontested divorce can help you and your spouse reach a favorable agreement. A lawyer may be able to help you explore all the options you have when it comes to protecting your and your family’s future. A skilled lawyer may also be able to inform you about any possible pitfalls in the divorce and help you ensure that the paperwork is properly filed.

At the Law Office of Richard Roman Shum, our team of skilled NYC divorce attorneys may be able to assist you in navigating the challenges of an uncontested divorce. We will work hard to help guide you toward a favorable outcome.

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

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Experienced Legal Advice for Divorce From an Uncontested Divorce Lawyer Richard Roman Shum

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 looking for the best option for divorce, it is important to speak to an experienced attorney who may be able to help you explore your choices. At the Law Office of Richard Roman Shum, our team of NY uncontested divorce attorneys offer compassionate legal representation and will guide you through the process.

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

“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.”