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Law Office of Richard Roman Shum, Esq., PLLC.
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.
“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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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.
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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.
| Uncontested Divorce Issues | Definition |
|---|---|
| Child custody | Determining which parent will have legal and physical custody of the child/children after divorce |
| Child support | Financial support paid by the non-custodial parent to the custodial parent for the child/children’s needs |
| Property division | Splitting of assets and debts accumulated during the marriage |
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.
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.
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.
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.
“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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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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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.
“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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