Going through a divorce can be one of the most emotional and stressful experiences of your life. Especially when there are children involved, a divorce can have a deep psychological and personal impact on all parties. The last thing anyone going through a divorce would want is a prolonged process full of conflict. Aside from the psychological effects, a long divorce case can also cause bills to accumulate, with legal and court fees being of primary concern. Not all divorces have to be contentious or dragged out, there are options that a couple seeking to divorce can explore to have a more amicable, and easy divorce process in New York. Having the assistance of an experienced Manhattan divorce lawyer should help make the legal processes surrounding a divorce more efficient. A skilled attorney who is experienced in mediation can also help in the de-escalation of conflict and improve negotiation. How Long Does a Divorce Take in New York?In New York, understanding the timeline of a divorce is crucial for couples considering this significant life change. The duration of the divorce process can vary significantly, depending on factors such as the efficiency of the court system and the cooperation between the parties involved. An uncontested divorce, where both parties agree on all terms, can be relatively quick. The duration for an uncontested divorce varies, with some resolved in as little as six weeks and others extending to six months or more. This timeframe is contingent upon the court’s schedule and the promptness with which your spouse returns the necessary documentation. Typically, an uncontested divorce can take about three months for the paperwork to be processed and filed with the court, depending on the court’s caseload. On the other hand, when there are contentious issues or disagreements between the spouses, the timeline can extend significantly. Contested divorces may take several months or longer, as the resolution of complex issues such as child custody, asset division, and spousal support requires more time. In New York, there is no mandatory waiting period, but the presence of more disagreements prolongs the process duration. It’s important for individuals to understand that each divorce case is unique, and estimating an exact timeline can be challenging. Consulting with an experienced Manhattan divorce lawyer can provide a more tailored estimate based on the specific details of your case and the circumstances surrounding your divorce. For personalized legal advice, schedule a consultation with the Law Offices of Richard Roman Shum today. What Are the Factors That Contribute to the Length of a Divorce?Divorce MediationDivorce mediation refers to the process of consulting a professional to discuss each spouse’s needs regarding the divorce. A mediator’s role is to facilitate the discussion between the spouses and to help them cooperate in discussing the terms of the divorce. Mediation is not meant to replace the divorce process and the couple still has the choice of whether to proceed with the divorce. Mediation may also not be effective for couples for which communication has deteriorated beyond repair. No-Fault DivorcesNew York divorces fall under many different grounds. Grounds are legally acceptable reasons for which a couple can file for a divorce. A couple can get a no-fault divorce if their marriage has broken down irretrievably for at least six months. In this kind of divorce, a separation agreement is not required. The allegation that the marriage has broken down is enough. However, the divorce will not be finalized until the couple has come to an agreement regarding the following major issues in their marriage:
Legal SeparationIf you and your spouse have been legally separated for a year through a binding separation agreement, you may be able to directly convert the agreement into a divorce. To obtain a judgment of divorce through separation, you will need to prove to the court that you and your spouse have followed the terms of the separation agreement for more than a year. However, it is crucial that you carefully construct the separation agreement to reflect your best interests. The court will not consider the separation agreement enforceable if it deems that there has been coercion, fraud, or unfairness in the agreement. Seeking the help of an experienced New York City separation agreement attorney may help you draft a document that will be honored by the court because of its fairness. Uncontested DivorceIf the couple is willing and able to compromise and agree on the terms of their divorce, the couple’s attorneys can move ahead in drafting the divorce documents and filing them in court. The only additional time needed in this type of divorce is the turnaround time of the court and whether they have a lot of backlogs. Uncontested divorces can take roughly three to six months to be finalized. Contested DivorceWhile not inevitable, sometimes a couple comes to the divorce table unable to work with each other. When a couple disagrees on a factor of the divorce, the divorce becomes contested. It can take longer for the divorcing couple to settle on the factors of their divorce. Both spouses will need to hire their own legal counsel specialized in contested divorces to represent their best interests. If a settlement is not reached, the case would have to be turned over to the court. The court will decide on the factors of the divorce on behalf of the spouses. A contested divorce may take 9 months on average, or more if a lot of the variables in the divorce are contested. At-Fault or Fault-Based DivorcesA fault-based or at-fault marriage can be filed for cases where a spouse alleges and is able to prove that the other spouse did something to cause the dissolution of the marriage. At-fault grounds in New York include the following:
At-fault divorces and no-fault divorces can take roughly the same amount of time to conclude, depending on how capable the couple is of cooperation with one another. However, it is important to note that the longer a divorce is litigated, the longer it will take to conclude. Regardless of whether you are filing a no-fault or an at-fault divorce, the help of a skilled New York City divorce attorney will be beneficial in making sure the process goes as efficiently as possible. Negotiations and court proceedings can take a long time without an experienced Manhattan divorce attorney by your side. An attorney will also be aware of the changes in the laws and statute of limitations that you must follow to pursue particular at-fault grounds for divorce. At the Law Office of Richard Roman Shum, we provide qualified legal counsel and aggressive representation when needed to protect our client’s rights. Our experienced Manhattan divorce attorneys may be able to help you. Call us today at (646) 259-3416 or fill out our online form to schedule a complimentary consultation.
How Much Does a Divorce Cost in NYWhen couples in New York decide to part ways, one of the primary concerns involves the costs associated with a divorce. The cost of divorce in NY can vary greatly based on various elements: Uncontested vs. Contested Divorce: An uncontested divorce in NY, where both parties mutually agree on all terms, is the most cost-effective route. The average cost is around $500, which covers filing fees and court costs. However, this cost can increase if parties need legal consultation or assistance with paperwork. The process of an uncontested divorce is also typically quicker, further reducing costs as it requires less involvement from legal professionals. On the contrary, a contested divorce, where disagreements on terms persist, can substantially escalate costs due to court appearances, mediation, and potentially a trial. The cost could range from $3,000 to $30,000, or even higher, depending on the nature and number of contested issues, and the complexity of the case. Child Involvement: When children are involved in a divorce, additional costs related to child custody and support arrangements may arise. These costs could include the expense of a child custody evaluator, who assesses the family situation and makes recommendations to the court, or fees for a Guardian ad Litem, a court-appointed individual tasked with determining the best interests of the child. The more contentious the custody dispute, the more time a lawyer needs to spend negotiating or litigating these issues, which drives up costs. Attorney’s Fees: Legal representation forms a significant part of the overall cost of a divorce. The hourly rates for divorce attorneys vary based on the attorney’s experience level, reputation, geographical location, and the complexity of the case. While it may be tempting to save money by avoiding legal counsel, doing so can lead to unfavorable outcomes, especially in complicated situations. Mediation or Collaborative Divorce: Mediation or collaborative divorces offer alternative, often less expensive, paths to traditional divorce. Both parties work together with a neutral third party (mediator) or their respective attorneys to resolve disputes. This method can save money by reducing court costs and legal fees, and by simplifying and speeding up the divorce process. Court Fees: Court fees are an inescapable part of the divorce process. In New York State, these fees are typically around $350, although they can vary by county. There may also be additional costs for court services or for hiring a process server to deliver divorce papers. In some cases, parties may qualify for a fee waiver, which can help reduce costs. Other Potential Costs: There are other potential costs in a divorce, such as real estate appraisals, psychological evaluations (if custody is contested), and costs associated with changing a name. Parties may also need to consider the cost of setting up separate households, the tax implications of divorce, and potential changes in health insurance coverage. If you need help with divorce, creating a separation agreement, or resolving complex asset and liability issues, consulting an experienced New York City divorce attorney can ensure a smooth and efficient process. The Law Office of Richard Roman Shum provides competent legal counsel and representation to protect clients’ rights, and their experienced attorneys are ready to assist in making the process as efficient as possible. Other FactorsThe length of time your divorce may take can hinge on your and your spouse’s agreement or inability to agree on the matter of these variables. Discussing these factors is of utmost importance as these can affect your life even after the divorce has been settled. ChildrenIf you and your spouse have children together, it is doubly important to make sure that they live their lives as uninterrupted and stable as possible. You and your spouse would also need to discuss matters involving child custody and support. A visitation agreement would also be necessary so that your child/ren could spend time with their other parent. Keep in mind that, even though you and your spouse are experiencing the end of your relationship, your child/ren may be experiencing the hurt even more. It is important to be as civil to your partner as possible, especially always in front of the children. Assets and LiabilitiesThe distribution of marital property can be one of the most time-consuming processes in a divorce. Generally speaking, couples with more shared assets may have to take longer to decide who gets which property. It is important to keep in mind that it is not only assets that need to be distributed. Your marital debt would also need to be assessed to ensure that you and your spouse are paying your fair shares. If you have a prenuptial or postnuptial agreement with your spouse, that can shorten the process considerably. Your nuptial agreements may accelerate the distribution of your assets and liabilities. Complex Assets and LiabilitiesCompared to real estate and assets like vehicles, some assets might be more complex to distribute. Such assets can include shares in a company, a marital-owned business, stocks, and foreign investments. If a couple has acquired a significant debt, it would also be subject to distribution unless the court decides against it. An example can be when a spouse has incurred debt for a third party that caused the dissolution of the marriage. Alimony or Spousal MaintenanceIn cases where one spouse is financially dependent on the other, a discussion of furnishing spousal support may be entered. This is especially true in cases where one spouse has given up their career to build a family and allow the other spouse to work. The court will decide on the amount of alimony the financially dependent spouse is entitled to through a careful evaluation of their employment history. The court can also calculate the amount using the potential salary the dependent spouse may have earned when they quit their career and how difficult it would be for them to restart it. Consulting an Experienced New York City Divorce AttorneyThere’s no need for your divorce to be arduous and prolonged. At the Law Offices of Richard Roman Shum, we are committed to helping couples move on from this difficult chapter of their relationship. Our skilled New York City divorce attorneys are here to assist you in making the process as efficient as possible. We are open to exploiting terms of negotiation but are prepared to provide aggressive litigation for your best interests. Contact us today at (646) 259-3416 to schedule an appointment with our skilled Manhattan divorce attorneys. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-long-does-a-divorce-take-in-new-york/
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People often worry about the accessibility of the records of their divorce proceedings. The question of whether divorces are public records does not have a one-size-fits-all answer, as the laws regarding the privacy of these records can vary greatly by jurisdiction. Parties involved in a divorce need to understand how these laws might affect the confidentiality of their divorce proceedings. If you’re facing a divorce in New York and are uncertain about how your records will be handled, it’s crucial to consult with a knowledgeable divorce lawyer. At The Law Office of Richard Roman Shum, our team of Manhattan divorce lawyers may be able to guide you and help ensure that your privacy is protected throughout the process. For personalized advice and to understand your rights, call us today at (646) 259-3416 to schedule a consultation. What are Divorce Records?The phrase “divorce record” encompasses various forms of paperwork associated with the dissolution of a marriage. Knowing the specifics of what each type of record contains is crucial for those aiming to maintain their privacy to the greatest extent possible. Different documents commonly recognized as “divorce records” include:
The Confidentiality of Divorce Records in New YorkUnlike some jurisdictions where divorce records may be considered public information, New York treats these documents with a high degree of confidentiality. In New York, divorce records are sealed and are not available to the public. This means that the personal and often sensitive information contained within the divorce proceedings is protected from public scrutiny. The court is also allowed to redact sensitive information such as personal information or addresses of the individuals involved in the case. The sealing of these records is in place to preserve the privacy of the individuals involved, especially when sensitive allegations such as abuse, infidelity, or mental health issues are part of the court documents. Who Has Access to Divorce Records in New York?In New York, the accessibility of divorce records is highly regulated to respect the privacy of the individuals involved. As such, the ability to acquire these records is limited to a select group. The primary individuals who can request and receive a copy of a divorce record include:
Obtaining a court order to access someone else’s divorce records necessitates a valid, legal reason, as the court must be persuaded that a significant interest justifies such access. For instance, divorce details might be sought for cases that hinge on marital history, such as inheritance disputes or related court proceedings. Circumstances for Unsealing Divorce RecordsIn certain exceptional situations, a court may decide to unseal divorce records or specific parts thereof. A notable instance is when a party requires the records for concurrent unrelated legal actions, where the court allows access to parts of the divorce records for use in a separate case. It’s important to note that the sealing of a divorce decree does not obscure the case’s existence from public record searches. Unless specifically requested by legal counsel to maintain the confidentiality of the parties’ names, the fact that a divorce has occurred is publicly accessible, although the details of the proceedings might remain private. Additionally, if there are court decisions on motions within the divorce case, these may be published and accessible. This extends to higher levels of the judicial process; should the divorce case be appealed, the appellate court’s findings and opinions are typically published. How Do I Get Divorce Records In New York?Navigating the process of obtaining divorce records in New York can be a straightforward task with the right information at hand. Below is an essential guide that outlines the steps and requirements for accessing both divorce decrees and certificates in the state. Locating Divorce Judgments or DecreesTo retrieve certified copies of divorce judgments or decrees, you need to contact the County Clerk’s office where the divorce was finalized or the County Clerk in the county where the petitioner for the divorce resides. In many cases, the County Clerk’s office is situated in the same facility as the Supreme Court within the county. If the offices are separate, instructions to locate the County Clerk can be obtained from the Supreme Court clerk. Certified Copies of Divorce DecreesTo obtain a certified copy of a divorce decree, you may either visit the County Clerk’s office personally or send a mail request. Access to these documents is restricted to the divorced parties, their legal counsel, or individuals with a specific court order. Attorneys must place their requests on the official letterhead of their company. The New York State Supreme Court directory provides the necessary contact details for supreme courts and county clerks across the counties. There is a fee for obtaining certified copies, usually starting at $1.30 for copying costs and $8 for certification, but the County Clerk’s office will provide the exact fee structure. Requesting Divorce CertificatesDivorce certificates are maintained by the Department of Health’s Bureau of Vital Records and can be requested through several methods:
Identification RequirementsDivorce certificates are classified as confidential. As such, only individuals directly involved in the divorce or those who possess a court order are permitted to request these documents. Valid identification must accompany all requests, which could include a driver’s license, state-issued photo ID, military ID, passport, or other official documents that verify the applicant’s name and address. Availability of RecordsThe New York State Department of Health stores divorce certificates for divorces granted on or after January 1, 1963. For divorces that occurred before this date, only divorce decrees are available. Getting the Legal Assistance of an Experienced Manhattan Divorce LawyerNew York divorce records are not publicly accessible, reflecting the state’s commitment to the privacy of individuals during these often sensitive times. The confidentiality of these records ensures that the personal details and hardships experienced during the dissolution of a marriage are shielded from public scrutiny, providing a level of dignity and discretion to the involved parties. If you are navigating through the complexities of divorce in Manhattan and have concerns about keeping your divorce records discreet, it’s crucial to have experienced legal guidance. At The Law Office of Richard Roman Shum, attorney Richard Roman Shum and our team of Manhattan divorce lawyers can offer you tailored advice and support needed to protect your privacy rights effectively. For personalized assistance and to ensure your divorce is handled with the utmost confidentiality, contact us today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/is-a-divorce-public-record/ No one wants a contentious separation. Many couples aim for the process to be as civil and amicable as possible but it’s no secret that the initial stages of separation can often be an ugly, stressful time. Couples who are in the process of separating are under a lot of pressure. This can be a recipe for disaster. If there are children involved, the process can feel impossible. However, with the right approach, your separation doesn’t have to involve a lot of conflict. The separation process can go smoothly as long as you and your partner are willing to work together. Working with a highly-rated Manhattan divorce lawyer on your separation plans can be helpful in ensuring the process goes smoothly.
Here are some tips that may help you maintain a constructive relationship with your partner while you go through the process of separation: 1. Give Yourself Time To Process Your EmotionsIf you’ve come to the conclusion that separation is the logical next step for your relationship, it’s safe to say that a lot of thought has already transpired. However, during this emotional time, it’s helpful to take things slowly and focus on your own well-being. This pause in your relationship can give you more bandwidth to digest this significant transition in your life. It can also help you understand what you would like to accomplish in your next chapter. This may also mean having to physically move away from your spouse. If there are no safety concerns, it may be better to keep your children at home. This is to ensure that they remain in a stable environment. You may also want to explain to your children what is happening. Just make sure to keep it age-appropriate and seek the help of a professional if necessary. Seeking therapy for yourself, you and your partner, or for your family as a whole can be a good way to process your emotions about the separation. Building a support network with your close friends can be beneficial. Make sure to only confide in people you trust to respect your decisions about the separation. Some people may want to give you advice and the advice may be coming from a position of goodwill, but decisions about your separation and your marriage should come from you alone. It may also help to practice self-care and spend some time by yourself. Many couples forget that separating from their spouse is sometimes a way to rediscover themselves apart from the context of that relationship. It may also help to step back and see the forest for the trees; that is, to regain your perspective on the relationship. After having time to themselves, some couples find that they have a newfound appreciation for their spouse while others see more clearly the reasons why the relationship is not working anymore. Either way, time to process your emotions will let you set goals and resolve your decision to separate, whether it means getting back together or not. 2. Be Courteous to Your SpouseMaintaining civility is important in working together. Having patience and understanding in discussing the matters of your separation can help set the tone for how the relationship will be down the line. It may be helpful to see your relationship during the separation as that of business partners. Being cooperative is essential in making sure any conflict is minimal. Be careful not to badmouth your co-parent, regardless of whether in front of your children or not. It may also be tempting to share the changes in your life on social media, however, it can do more harm than good and can invite unwanted attention to you, your partner, and your children. 3. Manage Your Expectations and Set Your BoundariesHaving a clear idea about what you and your partner expect about the separation would save you time and emotional bandwidth. You will need to discuss some important questions regarding your separation from your partner and taking your time with them is equally important.
You should also discuss your expectations about whether or not you will start seeing other people during the separation if you think that it will lead to a divorce. Even though you both are still legally married, it’s important to respect each other’s space. Discuss how you will communicate important information and follow through with what was discussed to avoid conflict.
Prioritize Your Children’s NeedsIt goes without saying that, as much as you and your partner would be going through a difficult time as a couple throughout the separation, your children will be experiencing the repercussions of your decisions. Their status quo is different from yours and your spouse’s, the biggest difference being that they will not be able to move away on their own or make their own decisions. You and your spouse should make sure to keep your children’s best interests in mind when making decisions about the separation. If you have children, developing a parenting plan with your spouse should be high on your priority list. You will also need to communicate effectively and be trustworthy to make it work. Keeping your word when making plans with your spouse is important in showing that you are committed to making the partnership work even during the separation. 4. Audit Your FinancesWhen you separate, it can be easy to overlook everyday things like utilities, rent, and assets you and your spouse may have. While they may pale in comparison to the bigger picture of your relationship, it is still important to take note of them as they will factor into your separation if one of you chooses to move away. As a married couple, you likely have some property shared with your spouse, such as real estate, a car, a business, or joint bank accounts. Dealing with the division of property is necessary, even if you only intend to separate temporarily. Not discussing these issues and operating on assumptions can create resentment and discord. Do not use the separation as an opportunity to go behind your partner’s back and spend money on big-ticket items. As tempting as it would be to suddenly blow your savings on a new sports car or a vacation, it’s important to be conscious of your finances as you may be looking to transition from a one-household to a two-household family. 5. Explore Other Sources Of HelpGetting advice from a qualified professional can make a big difference when dealing with a separation. Even though you may still be friendly and able to come to agreements with regard to matters of your relationship, you may still be experiencing stress and anxiety. It’s normal to feel uneasy about an uncertain future, as a lot of things are changing. By consulting with a doctor or a therapist, you may be able to alleviate some psychological and emotional burdens. Keep in mind that your mental well-being is just as important as your physical health. You will be better equipped to deal with the challenges your separation brings if you are emotionally prepared. Your children will also need the same kind of support. Validating their feelings about the separation and letting them express their emotions will help them be better adjusted to the change in family dynamics. Treat your children in the same way you would like to be treated.
6. Seek The Help Of A Family Mediator Or Family Law AttorneyBefore signing a separation agreement, you should consult with an experienced family law attorney to make sure your bases are covered. Even if divorce is not on the table, a family law attorney can review your agreement and make sure that it is legally binding. Looking for an attorney that would fit your needs may not be as easy as you think. Choosing the right lawyer is not a one-size-fits-all matter. If you and your partner are looking for a more collaborative approach in pursuing your separation, you may want to consider hiring someone experienced in mediation. On the other hand, if you and your spouse are prone to conflict on key issues of your marriage, you might want to approach a lawyer who is aligned with more aggressive forms of dispute resolution. The ‘right’ lawyer for your situation should be someone who would evaluate your particular set of circumstances and work towards a resolution that would be aligned with your goals. 7. Explore The Options For A Friendlier DivorceIf you and your spouse decide to make your separation final and move forward with your divorce, your lawyer should be able to help you make arrangements with that in mind. If the terms of your separation agreement still stand, you may be able to use it as a guideline for your divorce agreement as well. As a friendlier divorce option, you and your spouse can opt to have an uncontested divorce if both of you can agree on key parts of your divorce. These include child custody and visitation, spousal support, and property distribution. If during your separation you and your spouse find something that you cannot agree on despite legal or counseling help, your divorce would be considered contested. In a contested divorce, a judge would decide on the key aspects of your divorce you and your spouse don’t agree on. A contested divorce typically takes more time to settle than an uncontested divorce as there are more things to take into consideration. An experienced New York City divorce attorney should be able to provide you with information and help you decide which kind of divorce fits your case more appropriately. 8. Exercise PatienceAbove all, it’s important to be patient while you are going through such a difficult time. It’s common for people undergoing a separation to feel frustrated about their spouse, their children, or about how slow the processes involved can be. A surefire way to disappointment and heartbreak is rushing through the motions of a separation. With patience, you can start the process of healing and move on without feeling pressured to accept the convenient options. You need time to be able to process the changes this new stage in your life will bring. The good news is that you are not alone. By choosing to try and work with your partner in making your separation process an amicable one, you have gained the help of someone in the same boat as you are. Help is always available and you should not feel ashamed to ask for it. Acknowledge that you are both going through a stressful time and give yourself the opportunity to adjust. If you have children, it may be a good idea to remain open to any questions they may have about the separation. Each case is different, and some cases may be more difficult than others, but by following these tips, you may be able to proceed with your separation process in a friendlier and more stable manner. Cooperation with your partner is key and there may be days when working together is hard but separation does not need to involve degrading your relationship further.
What is Separation of MarriageMarriage separation, also referred to as legal separation, is a recognized arrangement by the courts in New York. It involves a married couple living apart while adhering to the terms outlined in a separation agreement. This agreement is typically created with the assistance of attorneys and covers various aspects such as child custody, alimony, and division of property. It is important to note that legal separation does not terminate the marriage; instead, it provides a formalized structure for the couple to live apart while still being married. During a legal separation, couples have the opportunity to reconcile at any time. However, if the separation persists for a year, either spouse can request the court to convert the separation into a divorce. It is crucial to recognize that legal separation can be just as complex as a divorce, and the decisions made during this period can significantly impact future outcomes. Navigating a marriage separation in New York requires a solid understanding of the legal system. Engaging the services of a skilled Manhattan divorce lawyer can be crucial during this process. They can offer skilled guidance, draft and review separation agreements, and advocate for your best interests in court. At The Law Office of Richard Roman Shum, our team may be able to help alleviate the emotional difficulties and guide you through this challenging period with a strategic and clear approach. Is Separation Good For a Marriage?The decision of whether or not separation is beneficial for a marriage is a complex one, and it depends on various factors unique to each couple’s situation. Nevertheless, it is important for couples who are considering separation to approach the process in a healthy and constructive manner. Taking the time to process emotions and seek support from trusted sources such as therapists is crucial. This can help couples gain clarity on what they hope to achieve in the next chapter of their lives, whether that involves reconciliation or not. Couples should also prioritize their children’s needs and work together to create a parenting plan. To minimize conflicts and achieve positive outcomes, couples should practice civility and patience. They should avoid speaking negatively about their co-parent and refrain from sharing personal information regarding the separation on social media. By taking a collaborative approach and communicating effectively, couples may find that separation can be a vital step towards a healthier relationship or an amicable divorce. Following the tips provided in this article can help couples navigate the separation process in a constructive and positive way. If you are considering a separation, it is important to have the right legal representation to guide you through the process. A skilled Manhattan family lawyer can provide valuable advice on your legal rights and help you make informed decisions.
What Not To Do When Separating From Your Spouse?When facing separation, it is essential to navigate the process thoughtfully and legally. First and foremost, do not hastily vacate the family home unless you or your children are in danger, as doing so can diminish your stake in the property. Violence or even the threat of violence towards your spouse can severely damage your custody case and lead to additional legal expenses. For the sake of your children, keep them shielded from the conflict. Do not involve them in the separation issues or use them to convey messages to your spouse. Furthermore, it is vital to support the ongoing relationship between your children and your spouse, provided there is no risk of harm. Financial integrity is also key; do not alter the status quo by emptying bank accounts or misusing credit lines, as this could provoke punitive court measures. Similarly, cutting off a financially dependent spouse is ill-advised, given the potential for retroactive support orders. Resist the urge to vent on social media; such public disclosures can turn against you in court. Also, avoid signing any legal documents or making informal agreements without a lawyer’s advice to ensure you fully understand your rights. Refrain from making significant purchases or disposing of marital assets before finalizing a separation agreement, as these actions can affect your financial obligations and damage your credibility in court proceedings. Consult with an experienced New York City family law attorney if you and your partner are looking for a friendlier way to separate.At the Law Office of Richard Roman Shum, we offer qualified legal assistance in matters of divorce, mediation, and family law. Contact us today at (646) 259-3416 to schedule a free consultation with one of our skilled New York City family law attorneys. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/8-tips-for-a-healthy-marriage-separation-process/ Pendente lite, a Latin term meaning “pending the litigation,” refers to temporary court orders that are in effect while a divorce or family law case is ongoing. These orders are designed to provide stability and support for the less financially stable spouse during the divorce process. Pendente lite orders are a critical aspect of divorce law, providing temporary relief to address immediate needs until a final order is put in place. If you’re facing the complexities of a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. This is where the strategic guidance of The Law Office of Richard Roman Shum comes into play. With a skilled New York City divorce lawyer such as Richard Roman Shum advocating for you, you’ll gain invaluable insights and a strong voice in crafting a pendente lite order that reflects your needs and interests. Whether it’s securing an equitable arrangement for spousal support, ensuring consistency for your children, or protecting your business interests, our approach is designed to provide a guiding light to your most favorable outcomes. At The Law Office of Richard Roman Shum, we understand the full potential of pendente lite orders and their long-term implications. Reach out to The Law Office of Richard Roman Shum today, and let us fortify your case with the power of knowledge and experience. Call (646) 259-3416 to schedule a consultation. Pendente Lite: An OverviewIn the context of New York family law, pendente lite refers to the various temporary orders that a court can issue after a divorce action has been filed, but before the final judgment is granted. These orders can cover a wide range of issues, including child custody, spousal support, child support, and exclusive use of the marital home. The primary intention behind pendente lite orders is to maintain the status quo and ensure that both parties are financially and emotionally supported during the divorce proceedings. The Origins and Legal Basis of Pendente Lite ReliefPendente lite relief stems from the inherent powers of New York courts to provide immediate and necessary relief to parties in a divorce. New York courts are empowered by the Domestic Relations Law to issue pendente lite orders. The legal basis for these orders is to prevent prejudice to one party by the actions of the other during the divorce process. For instance, if one spouse was the primary breadwinner, pendente lite support ensures that the other spouse and any children of the marriage are not left without financial resources. Key Purposes of Pendente Lite Orders in Divorce CasesThere are several key purposes behind the issuance of pendente lite orders in New York divorce cases:
Pendente lite orders play an essential role in New York divorces, offering temporary solutions to urgent issues and preventing unnecessary hardship for the less financially secure spouse and children involved. The courts take great care in considering the immediate needs of both parties when crafting these orders, always with an eye towards fairness and maintaining the status quo until a final divorce decree is issued. How to File a Pendente Lite Motion: A Step-by-Step GuideFiling a pendente lite motion in New York follows a structured legal process:
The Role of Attorneys in Crafting Pendente Lite MotionsAttorneys play a vital role in the pendente lite process:
Common Mistakes to Avoid When Filing for Pendente Lite ReliefTo enhance the likelihood of success in pendente lite motions, avoid these common pitfalls:
By following the proper steps, leveraging the assistance of a skilled attorney, and avoiding common mistakes, parties can effectively use pendente lite motions to secure necessary temporary relief during the challenging time of divorce proceedings in New York. The Scope of Pendente Lite OrdersPendente lite orders are an integral part of the divorce process in New York, providing interim relief in various aspects of the parties’ lives. These orders are designed to maintain the financial and familial status quo and ensure fairness while the divorce is pending. The scope of pendente lite orders is broad, covering everything from financial support to child custody and property management. Financial Support and Maintenance: Temporary Alimony ExplainedUnder New York law, pendente lite maintenance, also known as temporary alimony, is intended to provide financial support to a spouse who earns less than the other during the divorce process. The state uses a specific formula to calculate temporary maintenance, considering factors such as the income of both spouses, the length of the marriage, and the standard of living established during the marriage. The goal is to ensure that the lower-earning spouse can maintain a lifestyle close to what was experienced during the marriage until the final divorce decree. Child Support and Custody Arrangements During Pendente LiteChild support and custody are critical issues addressed by pendente lite orders. New York courts follow the Child Support Standards Act (CSSA) to determine temporary child support, which includes a formula based on the parents’ combined income and the number of children. Regarding custody, the court’s primary concern is the best interests of the child, and temporary orders reflect arrangements that support the child’s well-being, stability, and safety. These orders set the precedent for parenting time and decision-making responsibilities during the divorce process. Pendente Lite Relief for Property and Debt ManagementPendente lite orders can also address the management of marital property and debts. The orders may temporarily restrain both parties from selling, transferring, or dissipating marital assets. Additionally, the court may allocate responsibility for marital debts during the divorce proceedings, ensuring that creditors are satisfied and that neither spouse is unfairly burdened. Addressing Health Insurance and Living Expenses Through Pendente LiteHealth insurance is often a contentious issue in divorces, and pendente lite orders may require that a spouse continue to provide health insurance coverage for the other spouse and any children. Additionally, living expenses such as mortgage or rent payments, utility bills, and other household costs can be allocated between the spouses to ensure that both parties can maintain a reasonable standard of living throughout the divorce process. Evaluating the Impact of Pendente Lite on Divorce OutcomesPendente lite orders can shape the course of the divorce, impact negotiations, and sometimes even influence the final outcomes. Understanding the strategic importance of pendente lite motions is crucial for anyone going through a divorce in New York. How Pendente Lite Orders Shape the Course of Divorce NegotiationsPendente lite orders set a precedent for the financial and custodial arrangements during the divorce process. By establishing who pays for what, and who cares for whom, these orders can significantly impact the negotiations between spouses. For example, if one spouse is ordered to pay a certain amount of spousal support pendente lite, this figure might become a starting point for discussions about permanent alimony. Similarly, temporary custody arrangements can influence expectations and negotiations regarding permanent custody. Attorneys often use pendente lite orders as leverage in negotiations, and these orders may encourage a more expedient settlement by establishing temporary certainty. Spouses may be motivated to settle rather than face the prospect of a prolonged situation that they find financially or personally challenging. The Duration of Pendente Lite Orders and Modification PossibilitiesPendente lite orders are, by definition, temporary and last until the final divorce decree is issued. However, the duration of the divorce process in New York can vary greatly, meaning that pendente lite orders can sometimes be in place for a significant amount of time. If circumstances change significantly during the divorce proceedings, either party may petition the court to modify the pendente lite order. For example, if the income of the paying spouse decreases or the needs of the children change, the court may consider adjusting the temporary support or custody orders accordingly. Pendente lite orders are a powerful tool in New York divorce law with lasting effects. They provide immediate support and stability, shape the flow of negotiations, and can indirectly influence the final divorce decree. Parties to a divorce should approach pendente lite motions with a clear understanding of their strategic importance. Pendente Lite in High-Asset Divorce CasesHigh-asset divorce cases in New York are inherently complex, involving a myriad of financial considerations that can significantly affect both parties’ futures. When pendente lite orders are introduced into these proceedings, the stakes are heightened due to the substantial assets and income at play. Navigating these complexities requires a nuanced understanding of New York divorce laws and a strategic approach to ensure a fair and equitable process. The Unique Challenges of Pendente Lite in High Net-Worth DivorcesHigh net worth divorces often involve intricate financial portfolios, including multiple properties, investments, business interests, and possibly international assets. The primary challenge in such cases is to ensure a thorough and accurate valuation of these assets for temporary support calculations. The pendente lite phase must also maintain the financial status quo without disrupting the normal operation of any business interests involved. There is a heightened risk of one party concealing assets or misrepresenting their value, making it critical for the courts and the parties’ attorneys to exercise due diligence. Another challenge is determining the lifestyle to which the less-monied spouse is accustomed, which can influence the amount of temporary maintenance awarded. Establishing this standard requires extensive documentation and sometimes expert testimony. Asset Protection and Business Interests Under Pendente Lite OrdersIn high-asset divorce cases, protecting assets and business interests during pendente lite is crucial. New York courts may issue orders that specifically address how business assets are to be managed and protected during the divorce process. These orders can prevent the sale or transfer of business assets and ensure that businesses continue to operate without adverse interference from either spouse. Additionally, pendente lite orders can protect personal assets from being dissipated or hidden. Measures such as restraining orders can be put in place to maintain the status quo of the marital estate, ensuring that all assets are accounted for and fairly considered when it comes time to divide them in the final divorce settlement. Strategies for Fair Asset and Income Assessment in Pendente Lite HearingsGiven the complexities of high-asset divorces, several strategies can be employed for a fair assessment during pendente lite hearings:
By addressing these unique challenges and employing strategic approaches, parties involved in high-asset divorces in New York can navigate the pendente lite phase effectively, setting a stage for equitable resolutions in their final divorce outcomes. Tax Implications of Pendente Lite Spousal SupportThe tax implications of spousal support have changed significantly following the Tax Cuts and Jobs Act of 2017. For divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer, nor are they considered taxable income to the recipient for federal income tax purposes. This change applies to both pendente lite support and permanent alimony arrangements. In New York, these tax changes may be considered when determining the amount of support, as the financial consequences for both parties are different from when the alimony was tax-deductible to the payer and taxable to the recipient. Parties must consider the lack of tax deductibility in their financial planning during and after divorce. Modifications of Spousal Support After Pendente Lite OrdersAfter pendente lite orders are issued, there may be circumstances that warrant a modification of spousal support. In New York, either party can file a motion to modify the temporary maintenance order if there is a substantial change in circumstances. For example, a significant change in income, employment status, or the health of either party may qualify as a substantial change that could lead to a modification. It’s important to note that the standard for modifying a pendente lite order is different from the standard applied to the modification of a final order of spousal support. Post-divorce maintenance orders can be modified upon showing either a substantial change in circumstances, the recipient’s inability to become self-supporting, or a significant adjustment in the post-divorce maintenance recipient’s living situation. New York law aims to provide fair and equitable financial support during and after divorce. The pendente lite phase serves as an important stepping stone toward achieving a final resolution that reflects the unique circumstances of the divorcing couple. As such, understanding the interplay between pendente lite support and permanent spousal support is key to navigating a New York divorce. Tailored Strategies and Skilled Advocacy: Seasoned Assistance from The Law Office of Richard Roman ShumWhen it comes to divorce, the term pendente lite stands as a critical milestone, marking the terrain of temporary orders that govern the period until a final decree is issued. Grasping the significance of pendente lite is essential—it sets the stage for key aspects like spousal support, child custody, and asset management during the divorce process. These early decisions are more than just temporary measures; they often chart the course for the financial and emotional journey ahead. If you’re facing the complexities of a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. This is where the strategic guidance of The Law Office of Richard Roman Shum comes into play. With a skilled New York City divorce lawyer such as Richard Roman Shum advocating for you, you’ll gain invaluable insights and a strong voice in crafting a petition that reflects your needs and interests. Whether it’s securing an equitable arrangement for spousal support, ensuring consistency for your children, or protecting your business interests, our approach is designed to shine a spotlight on the most favorable outcomes for you. At The Law Office of Richard Roman Shum, we comprehend the full weight of pendente lite orders and their long-term implications. Embark on this critical phase of your divorce with a legal advocate who can clarify pendente lite and how it can help in your case. Reach out to The Law Office of Richard Roman Shum today, and let us fortify your case with the power of knowledge and experience. Contact us at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-pendente-lite/ Joint legal custody is a common arrangement in family law where both parents share the legal responsibility for raising their children, even though the children may reside primarily with one parent. However, these arrangements can often be difficult to navigate, especially when one parent wishes to relocate. In New York State, parents with joint custody must adhere to strict guidelines when deciding how far a parent can move while still maintaining joint custody agreements. It is important for parents to understand these guidelines to avoid legal disputes and potentially damaging effects on their children. When it comes to resolving disputes related to child custody and relocation, seeking the assistance of a knowledgeable New York child custody attorney can prove invaluable. At The Law Office of Richard Roman Shum, divorce lawyer Richard Roman Shum and our team of experienced Manhattan family law attorneys may be able to provide critical guidance and advocacy during the legal process. From interpreting state laws and regulations to negotiating with the other parent and representing your interests in court, our team can help ensure that your rights as a parent are protected. Contact us today at (646) 259-3416 to learn more about how we can help. Definition of Joint Custody in New YorkWhen parents with children get divorced, the issue of child custody often becomes contentious. In New York, joint custody is defined as an arrangement in which both parents have legal and physical custody of the child. Legal custody entails the right to make major decisions for the child, while physical custody deals with where the child will primarily reside. In joint custody arrangements, both parents share these responsibilities. This ensures that both parents have a say in important decisions that affect their child’s future, such as education, healthcare, and religion. New York law requires both parents to form an agreement on joint custody, and it must be in the best interest of the child for a judge to approve it. Types of Joint Custody in New YorkWhen it comes to joint custody, New York recognizes two types: joint legal custody and joint physical custody. Joint legal custody refers to both parents having an equal say in important decisions that affect their child’s life, such as medical care and education. Joint physical custody, on the other hand, refers to the amount of time each parent spends with the child. It is possible for parents to have joint legal custody but not joint physical custody, or vice versa. In some cases, joint legal and physical custody may be granted. However, this is only done if it is in the child’s best interests, which can be determined by various factors, including the parents’ ability to cooperate and communicate effectively to make decisions regarding their child’s well-being. Factors Considered in Determining Joint CustodyWhen determining joint custody arrangements in New York, there are several factors that the court will consider. Co-Parenting AbilitiesThe ability of parents to effectively co-parent remains crucial even when they no longer live together. It is important to recognize that co-parents may occasionally have minor disagreements, as even married parents may not always see eye to eye on parenting decisions. However, the court requires assurance that both parents are capable of working through these disagreements and making compromises that result in mutually agreed-upon decisions. If one parent consistently undermines the other and fails to prioritize the child’s best interests over their own agenda, it raises concerns during the court’s evaluation. Emotional and Physical CapacityThe court will also evaluate whether both parents have the emotional and physical capacity to adequately care for the child. For example, a parent struggling with substance abuse issues may be unable to provide the necessary stability and care that the child requires. ConsistencyChildren thrive when they have consistency in their lives, which fosters a sense of security. Knowing the parent’s regular schedule for coming home, dinner, bedtime routine, and other predictable aspects of their daily life is crucial for a child’s well-being. If a parent is unwilling or unable to adjust their lifestyle to meet these needs, the court will take this into consideration, significantly reducing their chances of obtaining custody. History of Domestic ViolenceIf a parent has a documented history of domestic violence towards the other parent or the child, it is highly unlikely that they will be granted custody. In such cases, the court often grants limited visitation rights, and depending on the severity of the violence, may even require supervised visitation. Ultimately, the court will strive to create a custody arrangement that is in the child’s best interests while also taking into account each parent’s rights and responsibilities. It is important for parents to present evidence and arguments in court that support their case for joint custody and show that they are capable of meeting their child’s needs.
Can a Parent Take a Child Out of State Without the Other Parent’s Consent in New York?In New York, the relocation of a child out of state by a custodial parent is a matter that requires careful legal consideration, especially when the non-custodial parent does not consent. Without appropriate consent or court approval, the parent may face legal consequences. A parent with physical custody must either obtain consent from the non-custodial parent or seek approval from the family court before relocating a child out of New York. Failure to comply with this requirement can result in being charged with contempt of the custody agreement. This violation might lead to fines, penalties, and even jail time, underscoring the gravity of the situation. The court’s primary focus is the child’s best interests. The custodial parent should meticulously review any custody and court-ordered agreements before making relocation decisions. If there is a significant reason for the move, such as a new job, remarriage, or educational pursuits that promise better financial opportunities, the court may grant a modification of the custody order. It is crucial for a custodial parent contemplating an out-of-state move with their child to consult with a Manhattan family law attorney to avoid violating custody or visitation orders and to protect their and their child’s interests. For comprehensive legal guidance, contact The Law Office of Richard Roman Shum to navigate these complex custody matters. Parental Relocation Laws in New YorkParental relocation refers to the act of a parent with custody moving from their current residence to a new one. In the context of joint custody arrangements in New York, parental relocation can have significant consequences for the non-moving parent, the child, and the overall arrangement. It is important to differentiate between relocation that is within the same geographical area and relocation that involves a significant distance. Laws Governing Parental Relocation in New YorkWhen a parent with custody of a child decides to relocate, it can potentially disrupt the regular parenting time of the non-custodial parent and limit the child’s access to them. Child custody orders and agreements typically address the issue of relocation. In some cases, a judge may require or the parents may agree that the custodial parent must remain within a specific geographical area, such as a city or borough. If the child custody order does not include provisions for relocation, the custodial parent will need to seek permission from the court to move. Even if the agreement grants the right to move, it is recommended for the custodial parent to establish a new parenting time arrangement with the non-custodial parent or obtain a court order to ensure the move is approved. The court’s primary consideration in such cases is the best interest of the child. Factors that the court will consider when deciding on relocation include:
In any situation involving relocation, it is generally recommended for the custodial parent to obtain written confirmation from the non-custodial parent consenting to the move or to obtain a court order allowing the relocation to proceed. Notice Requirements for Parental RelocationNotice requirements for parental relocation are an essential component of joint custody arrangements in New York. According to New York law, a parent intending to relocate with a child after a divorce or separation must provide written notice to the other parent within a specific time frame. The notice must contain the intended date of relocation, the address of the new residence, and the reasons for the move. It is important to note that a failure to provide written notice could result in a modification of custody arrangements or even contempt of court. Moreover, the notice must be sent by certified mail, return receipt requested, or by personal delivery with proof of receipt. The receiving parent has legal remedies to challenge the proposed relocation, such as filing an objection with the court or seeking an expedited hearing. In some cases, the parties may attempt to reach an agreement which considers the best interests of the child, such as a revised schedule of visitation. However, absent an agreement, the court will review the circumstances under the factors considered in determining parental relocation in making a final determination. Factors Considered in Determining Parental RelocationWhen a parent with joint custody wishes to relocate with their child, the court must consider several factors before allowing or denying the move. Some of the factors that will be taken into account include:
Overall, the court will always prioritize the well-being of the child when making a decision about relocation. Importance of Consulting with a Skilled New York Child Custody Attorney for Parental Relocation CasesIt is incredibly important for parents dealing with joint custody and parental relocation cases in New York to consult with an experienced attorney. These cases can often be complex and emotionally charged, and having a knowledgeable legal professional on your side can make all the difference. An attorney can help you understand your rights and obligations under New York law, as well as the many factors that the court will consider when making decisions about parental relocation. They can also provide guidance and support throughout the process, from negotiating with your co-parent to representing you in court if necessary. At The Law Office of Richard Roman Shum, our skilled New York family lawyers may be able to help parents navigate the intricacies of joint custody and parental relocation cases in a compassionate and understanding manner. Our team understands the emotional toll that these cases can take on families and strives to provide personalized attention and guidance tailored to each client’s unique situation. Whether it involves negotiating a fair custody arrangement or presenting a strong case in court, the attorneys at The Law Office of Richard Roman Shum are dedicated to achieving the best possible outcome for their clients and ensuring that their children’s needs are prioritized throughout the process. Contact us today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/ Navigating the complex and often emotionally charged world of divorce proceedings is never easy. In New York, divorces can be long and often involve a myriad of potentially damaging factors, whether psychologically, socially, or financially. As a result, individuals facing the prospect of divorce in New York need to be aware of the various circumstances that can be used against them in order to protect their interests and ensure a fair resolution to their case. Understanding the legal landscape of divorce in New York is a vital first step in safeguarding your future. However, the skilled help of a knowledgeable New York divorce lawyer can be invaluable in navigating this complicated process. At the Law Office of Richard Roman Shum, our experienced divorce attorney is well-versed in the intricacies of New York divorce law and can help you identify the circumstances that may be used against you in your case, while also advocating for your rights and interests. Contact us today at (646) 259-3416 to schedule a consultation and learn more about how we can help you through this challenging time. Fault-Based Divorce GroundsIn New York, divorce can be granted based on both fault-based grounds and no-fault grounds. Fault-based grounds require one party to prove that the other spouse engaged in certain behaviors that caused the breakdown of the marriage. Some fault-based grounds for divorce in New York include:
No-Fault Divorce GroundsNo-fault divorce allows couples to end their marriage without placing blame on either party. The spouse filing for divorce must state that the marriage has irretrievably broken down for at least six months. The court will not grant a divorce until the couple has resolved all other issues, such as property division, spousal support, child custody, and visitation rights. Procedure for Filing for Divorce in New YorkFiling for divorce in New York involves a series of steps, which include preparing and submitting legal documents, serving the divorce papers to the other spouse (or their attorney), and attending court proceedings. Preparing and Filing Divorce PapersThe first step in the divorce process is to prepare the necessary paperwork. The person filing for divorce (the plaintiff) must complete several forms, including a Summons and Complaint or a Summons with Notice. These documents explain the grounds for divorce, provide the necessary demographic information, and outline the desired terms for asset division, child custody, alimony, and other matters. The plaintiff must then file the divorce papers with the appropriate County Clerk in the county where they or their spouse resides. There is a filing fee associated with this process, which varies depending on the county. Serving Divorce PapersAfter filing the paperwork, the plaintiff must serve the divorce papers to the other spouse (the defendant) within a specific time frame, usually 120 days. The service must be carried out by someone other than the plaintiff, such as a professional process server, a friend, or a family member over 18 years old. The defendant must then respond to the divorce papers within 20 or 30 days, depending on the method of service. The response can be an answer, which contests the terms and grounds of the divorce or an acknowledgment in case an agreement has been reached. Attending Court ProceedingsIf the couple cannot reach a settlement through negotiation, mediation, or collaborative law, the case will proceed to trial. In court, both spouses, along with their attorneys, will present their evidence and arguments before a judge, who will then make the final decisions regarding divorce terms, such as property division, spousal support, child custody, and visitation rights. It is essential to acknowledge that the divorce process in New York can be a complex and emotionally challenging experience. Seeking the guidance of a qualified divorce attorney can minimize stress, facilitate an amicable settlement, and help protect your rights and interests during the process. Requirements for a No-Fault DivorceThe criteria for a no-fault divorce vary from state to state, but some common requirements may include:
Impact of Adultery on Grounds for DivorceIn New York, adultery is considered a ground for divorce but it can be challenging to prove in court. To succeed in claiming adultery as a justification for divorce, you must provide substantial evidence that your spouse engaged in sexual relations with another person during your marriage. This evidence must be clear and convincing, as suspicions or allegations are not enough. Gathering EvidenceThere are several ways in which an individual can gather evidence to prove that their spouse has engaged in adultery. Some common methods include:
Challenges in Proving AdulteryIt is important to note that even if you are successful in obtaining evidence of your spouse’s adultery, corroborating these findings in court can be difficult. New York law requires that adultery be proven through “clear and convincing” evidence, which is a high standard to meet. Additionally, proving adultery can involve revealing sensitive or embarrassing information about your personal life, which can be emotionally challenging. Due to the difficulties associated with proving adultery in New York, many people choose to file for a no-fault divorce, citing “irreconcilable differences” as their basis for seeking the dissolution of their marriage. Navigating the Divorce Process in a Domestic Violence SituationFor those who are involved in a case of domestic violence and are seeking to file for divorce, having a support system and legal representation when navigating the divorce process is important. The following steps can help in increasing the chances of a favorable outcome:
Establishing Substance Abuse or Mental Health as a Factor in DivorceFor substance abuse or mental health issues to impact divorce proceedings, the existence of these issues must be established and presented as evidence in the case. This may involve obtaining records of substance abuse treatment, medical records documenting mental health treatment, or testimony from witnesses who can attest to the problems. In some cases, expert witnesses, such as substance abuse counselors or mental health professionals, may be called upon to testify about the nature of the issues and their impact on the individual and the marriage. It’s essential for individuals involved in divorce proceedings with these concerns to seek experienced legal counsel who can help them navigate the process and present relevant evidence to the court. Working with Your Divorce LawyerOnce you have hired a divorce lawyer, there are several steps to take to ensure a productive working relationship:
By taking the time to find the right divorce lawyer, promptly providing them with all necessary information, and maintaining open communication, you can help ensure a fair and efficient divorce process in New York. Getting the Legal Help of an Experienced New York Divorce LawyerGoing through the complexities of New York divorce law can be an overwhelming and emotionally charged process. There are various factors to consider, including fault-based grounds, evidence requirements, and the difficulties of proving adultery or establishing mental health and substance abuse issues. It is crucial to be well-informed and prepared. Having the support of a skilled New York divorce lawyer can make a significant difference in achieving a fair and just outcome for your case. At the Law Office of Richard Roman Shum, we can provide the guidance necessary to navigate the intricacies of divorce in New York. Our experienced divorce attorney is dedicated to helping you understand and address the factors that may impact your case. You don’t have to go through this challenging journey alone. Contact us at (646) 259-3416 to schedule a consultation and let us guide you toward a more secure and positive future. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-can-be-used-against-you-in-a-new-york-divorce/ Divorce can be a complex and stressful process, especially when it comes to dividing assets and debts between spouses. In New York, prenuptial agreements can provide specific advantages for women, especially for those who are entrepreneurs or have significant assets. However, it’s crucial to understand the laws governing prenuptial agreements in your state, as well as the distinction between separate and marital property, before entering into a marriage. A prenuptial agreement can safeguard premarital assets, limit debt liability, and establish the amount and duration of spousal support in the event of a divorce. Moreover, it can minimize conflicts during the divorce process, saving both time and money. Understanding the specific regulations and requirements for prenuptial agreements in New York is essential to ensure that your contract is legally enforceable. At the Law Office of Richard Roman Shum, our team of experienced New York family law attorneys may be able to help you create an equitable prenuptial agreement that protects your financial interests and provides a fair outcome should you decide to separate. Contact us today at (646) 259-3416 to schedule a consultation. Understanding Prenuptial AgreementsA prenuptial agreement, commonly known as a prenup, is a legally binding contract entered into by both individuals before their marriage. This agreement specifies the distribution of assets, liabilities, and financial obligations the couple will assume if the marriage ends in divorce, legal separation, or the death of one of the spouses. Prenups can vary depending on the couple’s individual circumstances, financial situations, and personal preferences. The primary purpose of a prenuptial agreement is to protect each person’s separate property and define how joint assets will be divided in the event of separation. It can also address issues such as spousal support, financial responsibilities during the marriage, and inheritance rights for children from previous relationships. Benefits of a PrenupPrenuptial agreements can provide particular advantages for women, especially for those who are entrepreneurs or have significant assets. Some of the benefits include:
New York’s Prenup Laws and RequirementsEach state in the United States has its own set of laws and requirements for prenuptial agreements. New York has strict regulations in place to ensure that these contracts are legally enforceable. Some of the key aspects of New York’s prenup laws include:
Understanding prenuptial agreements and the laws governing them in your state is essential for protecting your financial interests and ensuring a fair outcome should you decide to separate. It is advisable to consult with an attorney specializing in family law to prepare a legally enforceable and equitable prenuptial agreement. How to Ask for a Prenuptial AgreementDiscussing a prenuptial agreement can be a delicate matter, but with the right approach, it can also pave the way for honest communication and a stronger relationship. If you’re in New York and considering a prenup, it’s essential to navigate this conversation with care and respect. Start Early: Timing is crucial. Begin the conversation well before your wedding plans are in full swing. This gives both parties ample time to ponder and discuss the agreement without the pressure of impending nuptials. Be Transparent: Honesty is the foundation of any strong relationship. Explain your reasons for wanting a prenup, focusing on the financial clarity and security it provides, rather than mistrust or anticipation of failure. Listen Actively: Give your partner the chance to express their feelings without interruption. Understanding their perspective might help you address any concerns they have about the agreement. Educate Yourselves: Misconceptions about prenuptial agreements abound. Both of you should research New York family law or consult with an attorney to understand how a prenup might benefit both partners. Seek Professional Help: A family law attorney can provide impartial advice and ensure the agreement is fair and complies with New York law. They can also help draft an agreement that reflects both of your wishes. Emphasize the Positive: Frame the prenup as a mutual step towards protecting your future together. It’s not just about safeguarding assets, but also about ensuring both partners’ peace of mind. Remember, a prenuptial agreement isn’t about mistrust; it’s a practical tool for managing the financial aspect of marriage. Approaching the topic with sensitivity and preparedness can make all the difference. Identifying Separate and Marital PropertyBefore dividing assets during a divorce, it’s crucial to classify them into two groups: separate and marital property. Separate property typically consists of assets that were owned by one spouse before the marriage, gifts or inheritances received during the marriage, and personal injury awards. Marital property, on the other hand, typically encompasses all assets acquired during the marriage, regardless of who earned or purchased them. In some cases, separate property can become marital property if it’s mixed with marital assets to the point where it’s impossible to identify the original separate asset. For example, if a spouse inherits money and then deposits it into a joint bank account, it may be considered marital property. To prevent this inadvertent commingling, it’s crucial to maintain detailed records and keep separate property separate from marital assets. Real Estate and PropertiesReal estate holdings, such as your primary residence, vacation homes, and rental properties, also need to be assessed and divided during the divorce proceedings. In many cases, determining the value of these properties might require a professional appraisal. When dividing real estate, the couple can either agree upon a property’s value or require the courts to decide. Factors such as the purchase date, appreciation in value, and any associated mortgage or loan balances come into play when identifying real estate as marital or separate property. When dividing the marital residence, some couples choose to sell the home and split the proceeds, while others might buy out the other spouse’s share of the property. Some even maintain their home as a joint investment or choose to defer the sale until a later time when the market is more favorable. Each couple’s circumstances and future plans will determine which option works best for them. Bank Accounts, Stocks, and InvestmentsBank accounts, stock portfolios, and other investment vehicles must also be divided during the divorce process. In many cases, joint accounts are simply divided equitably between the two parties. However, situations with individual accounts that have both separate and marital funds can become more complicated. To fairly distribute such assets, a detailed examination and tracking of deposits, withdrawals, and fund sources may be necessary. In addition, couples often have joint stock holdings, business interests, or investment accounts that must be assessed and divided. There may be tax implications and other financial consequences for closing or dividing these accounts, which necessitates expertise from financial and legal professionals. Retirement Accounts and BenefitsRetirement accounts are often some of the most significant assets in a marriage, and dividing them can be both financially and emotionally challenging. The process of dividing retirement accounts varies based on the type of account (e.g., 401(k), IRA, pension) and the jurisdiction’s specific laws. In many cases, a Qualified Domestic Relations Order (QDRO) is required to authorize the division of retirement accounts without incurring tax penalties. Collaborating with a skilled attorney and financial advisor can help ensure that your retirement assets are divided fairly and with minimal tax consequences. Inheritance and GiftsGenerally, inheritance received by one spouse during the marriage is considered separate property, as are gifts given specifically to one spouse. However, as mentioned earlier, if inheritance or gifts are commingled with marital property, they can become marital assets. Additionally, if a gift is given to both spouses, such as wedding gifts or joint gifts received during the marriage, those assets are typically considered marital property and, thus, subject to division. In conclusion, dividing personal and financial assets during a divorce can be a complex and contentious process. Collaborating with experienced legal and financial professionals, and understanding the distinction between separate and marital property, can help ensure a fair and equitable division of your assets while minimizing conflict and stress. Division of Premarital and Marital DebtsEntering into marriage is an exciting and monumental life event. To ensure that both parties are protected and well-prepared, it’s essential to consider a prenuptial agreement. This legal document helps outline the division of assets and debts, should the marriage end in divorce. In states like New York, the equitable distribution principle governs the allocation of both marital assets and liabilities. By establishing a prenuptial agreement, couples can proactively address potential financial concerns and create a clear understanding of their financial responsibilities during the course of the marriage. Marital debt in New York includes all debts accumulated during the marriage, regardless of which spouse incurred them. This encompasses credit card debt, mortgages, car loans, medical bills, and advanced degree educational loans. Separate debt, on the other hand, isn’t subject to equitable distribution by the courts. This type of debt usually includes debt incurred by one spouse before the marriage, as long as it hasn’t been converted into marital debt. However, certain debts may be excluded from distribution by the New York courts, such as those incurred during the marriage without the other spouse’s knowledge, debts resulting from extramarital affairs, or debts solely attributable to one spouse and unrelated to marital expenses. If a couple demonstrates clear intent to pay down a spouse’s premarital debt, separate debt can become marital debt. For example, if a spouse enters the marriage with $15,000 in credit card debt and the couple uses a joint account to reduce the balance, the debt may be considered marital debt. The division of debts can be a complicated process with significant financial consequences for both parties after the divorce. An experienced family law attorney can assess your specific circumstances and help you understand your rights and obligations, whether through negotiation or litigation. Income Disclosure and MaintenanceFull and accurate disclosure of each party’s income and assets is essential for crafting a fair and enforceable prenuptial agreement, which can help determine the appropriate division of property and spousal support in the event of a divorce. Both parties must provide comprehensive financial information, including sources of income, assets, liabilities, expenses, and investments. It is often necessary for experts to assess the earning capacity of each partner, particularly if one has been out of the workforce for an extended period due to child-rearing or other caregiving responsibilities. Factors that could influence future earnings, such as age, health, education, and employment history, should also be considered in drafting a prenuptial agreement. Any attempts to conceal assets or income can lead to severe consequences, including legal and financial penalties. Both parties must be transparent about their financial situation to avoid complications in the future. Prenuptial agreements may also address maintenance, the ongoing financial support one spouse might be required to provide to the other in case of a divorce. This is distinct from alimony, which typically covers a specified period. Maintenance can be included in a prenuptial agreement under certain circumstances, such as when one partner has been financially dependent on the other, or when one spouse requires financial assistance to maintain their standard of living. Spousal Support (Alimony)In the case of a divorce, a prenuptial agreement can deal with spousal support, which is also known as alimony. While both spouses generally have the right to claim alimony, they are not obligated to do so. If the spouses agree to forego spousal support, they can state this in the prenuptial agreement. However, the agreement must be fair and enforceable, as determined by a judge. The prenuptial agreement can address alimony by specifying the amount, form, and timing of payments, or by agreeing to waive spousal support altogether. This can save the couple from a long and expensive legal battle over spousal support. However, if waiving alimony would create significant financial hardship for one spouse, the provision may be considered unfair and invalidated. This is particularly true if one spouse made significant sacrifices, such as putting their career on hold to start a family, which impacts their earning potential. In this case, enforcing the alimony provision would be considered unjust, and the provision may be nullified. Negotiating and Drafting the PrenupOnce you have chosen your family law attorney, the process of negotiating and drafting your prenuptial agreement begins. Some key steps include:
Reviewing and Finalizing the PrenupOnce your attorney has drafted your prenuptial agreement, it is essential to review it carefully to ensure that it reflects your intentions and complies with the law. This may involve incorporating changes suggested by your attorney or addressing any concerns raised during negotiation. It is crucial that both parties have independent legal counsel review the document to ensure that no undue influence or coercion has occurred. This will help preserve the enforceability of the prenup. Lastly, the prenuptial agreement must be signed by both parties in the presence of a witness and notarized. Keep in mind that ideally, the agreement should be executed well before the wedding date to avoid any potential legal challenges arguing that the agreement was entered into under duress. Once the agreement is signed, it becomes legally enforceable and will govern how your property, debts, and assets are divided in the event of a divorce or separation. While it may not be a romantic notion, having a prenuptial agreement in place can provide important financial protections and peace of mind for both parties. Prenup Modifications and TerminationA prenuptial agreement, commonly known as a prenup, is a legal contract entered into by two individuals before getting married. The main purpose of a prenup is to establish the property and financial rights of each spouse in the event of a divorce. Although a prenup is created with the intention of being in force throughout the marriage, situations may arise that necessitate its modification or termination. Couples may want to amend their prenup for various reasons. Some common grounds for modifying a prenuptial agreement include:
It should be noted that changes to the terms are not possible for a separated couple or those undergoing divorce proceedings. Modifications can only be made prior to or during the marriage.
Seeking the Legal Assistance of a Skilled New York Family Law AttorneyHiring a family law attorney is essential when drafting a prenuptial agreement to ensure that the terms are clear, enforceable, and legally sound. A prenuptial agreement, also known as a prenup, is a legal document that outlines how assets and liabilities will be divided in the event of a divorce or separation. This agreement can help protect the interests of both parties and can save time, money, and emotional distress in the future should the relationship come to an end. At the Law Office of Richard Roman Shum, our experienced New York family law attorney can help you understand the legal implications and consequences of the decisions you make during the drafting process, allowing you to make informed choices about your financial future. This is particularly crucial in situations involving complex assets, inheritances, or business interests, as well as for individuals entering subsequent marriages or those with children from previous relationships. Contact us today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-should-a-woman-ask-for-in-a-prenup-in-new-york/ Divorce can often be a word that conjures images of vicious, drawn-out battles, and heartache, but it doesn’t have to be that way. An amicable divorce is not just a possibility; it is a constructive choice that can lead to a healthier outcome for all involved. From initiating the divorce to its conclusion, couples can navigate the delicate process of divorce with their dignity and peace of mind intact. At The Law Office of Richard Roman Shum, we understand the intricacies of New York divorce law and advocate for an amicable approach whenever possible. The pursuit of an amicable divorce is not merely about maintaining a cordial relationship with your soon-to-be ex-spouse; it’s about laying the groundwork for your future and possibly the well-being of your children. The emotional and financial benefits of an amicable resolution are significant. By avoiding the adversarial court process, you can save time, reduce costs, and control the outcomes more directly. This can be particularly advantageous in Manhattan, where the complexities of assets and urban lifestyles can complicate divorce proceedings. At The Law Office of Richard Roman Shum, our skilled Manhattan divorce attorneys are committed to facilitating a collaborative environment for couples. We strive to turn the tide of conflict toward a more constructive dialogue, ensuring that both parties feel heard and respected. Our approach prioritizes your needs and interests, helping you to achieve fair and equitable results while minimizing stress and promoting a positive post-divorce future. If you and your spouse are considering divorce and would like to explore a path that eschews contentious litigation for cooperation and mutual respect, contact The Law Office of Richard Roman Shum at (646) 259-3416 today. Let us guide you through a process that honors the life you’ve built together and the individual futures you both deserve. Defining Amicable Divorce: What It Means for CouplesDivorce can often be a contentious and emotionally charged process, but for couples in Manhattan who wish to part ways respectfully, an amicable divorce offers a different path. This approach emphasizes cooperation, communication, and negotiation to resolve differences, making the process potentially less stressful and more dignified for both parties. An amicable divorce is characterized by the mutual agreement of both spouses to dissolve their marriage without engaging in a bitter legal battle. Couples who pursue an amicable divorce typically work together to make decisions on all aspects of their separation, including asset division, child custody, and support arrangements. This type of divorce is not about one party winning or losing but rather finding a fair and respectful resolution that considers the well-being of everyone involved, especially children. Legal Requirements for Divorce in ManhattanNew York law stipulates several grounds for divorce, but for an amicable separation, the most pertinent to this discussion is the “no-fault” divorce option. This was introduced in New York State in 2010 and allows couples to file for divorce by citing an irretrievable breakdown of the marriage for at least six months. By choosing the no-fault option, couples can avoid airing their grievances in a public forum, which can be an emotionally taxing experience. To file for divorce in Manhattan, at least one spouse must have been a resident of New York for a continuous period of at least two years prior to filing, or the couple must have been married in New York and lived in the state for at least one year. Apart from residency requirements, spouses must also agree on all the key issues of their divorce or have these settled before the divorce is granted. This includes division of property, child custody and visitation, child support, and spousal support. The Benefits of Pursuing an Amicable SeparationChoosing an amicable divorce offers a myriad of benefits. It usually reduces the financial and emotional costs associated with adversarial court proceedings. It also allows couples to maintain greater control over their post-marriage arrangements and fosters a spirit of collaboration that can be invaluable, especially when children are involved. An amicable process can help preserve a functional relationship between ex-spouses, which is essential for effective co-parenting. It also allows for more privacy, as details of the divorce settlement are less likely to be made public than in a contested divorce. Lastly, amicable divorces can be resolved more quickly, allowing both individuals to move forward with their lives without prolonged legal disputes. For couples in Manhattan considering an amicable divorce, it is beneficial to consult with a knowledgeable local attorney who is experienced in divorce and family law. Such an attorney can provide valuable guidance throughout the process, ensuring that all legal requirements are met and that the settlement reached is in the best interest of their client. Preparing for the Divorce ProcessThe journey toward an amicable divorce begins long before any legal papers are filed. In Manhattan, as in the rest of New York, the process is governed by specific laws and procedures, but the groundwork for a smooth divorce lies in the preparation and the initial conversations between spouses. Initiating the Conversation with Your SpouseThe first step towards an amicable divorce is often the most difficult: starting the conversation. When you decide to initiate this talk with your spouse, it’s essential to approach the subject with sensitivity and respect. Consider your spouse’s feelings and pick a moment when you both have the time and privacy to discuss the matter without interruptions. It’s crucial to be clear about your intentions while also being open to listening. This conversation is not about assigning blame but rather expressing your desire to end the marriage as amicably as possible. In New York, where the divorce rate reflects the national average, such conversations are becoming increasingly common, and a respectful dialogue can set the stage for a cooperative divorce process. Setting Realistic Expectations and GoalsAn amicable divorce is more attainable when both parties have realistic expectations. In Manhattan, the complexities of high-asset divorces or those with child custody considerations require a clear understanding of what can and cannot be achieved. Setting goals may involve compromise and negotiating terms that are acceptable to both parties. Your divorce attorney can help clarify what New York law allows and advise on what’s fair and reasonable. For instance, New York uses the principle of equitable distribution, which means the court divides marital property fairly, though not always equally. Understanding such principles will guide you in setting realistic goals for the outcome of your divorce. Choosing the Right Time and Place to Discuss DivorceThe timing and setting of the initial divorce discussion can significantly impact the tone of the entire process. In a bustling city like Manhattan, finding a quiet, private space away from the demands of work and family life is important. It’s advisable to avoid times of high stress, such as during a family crisis or significant life changes. Choose a neutral location where both of you feel safe to express yourselves. It’s also important to ensure there is enough time to have a thorough discussion without the pressure of other engagements. By choosing the right time and place, you can help ensure that both parties feel heard and respected, which is foundational for an amicable divorce process. Incorporating these steps into the preparation phase of a divorce can help Manhattan couples navigate the complexities of ending their marriage with dignity and mutual respect. A Manhattan divorce attorney can provide the necessary legal guidance and support to make this challenging time as smooth and amicable as possible, following New York’s divorce laws. Essential Steps to Foster AmicabilityFostering amicability during a divorce requires a proactive and deliberate approach. The success of an amicable divorce hinges on the willingness of both parties to engage in open dialogue, utilize available resources such as mediation, and potentially opt for a collaborative law process. Embracing Open and Honest CommunicationThe cornerstone of an amicable divorce is the ability of both parties to maintain open and honest communication. This is not merely a matter of courtesy but a practical necessity. When spouses can express their needs, concerns, and preferences without hostility, they lay the groundwork for fair negotiations and a mutually acceptable divorce agreement. Communication should be clear, especially when discussing complex issues like asset division, which, under New York law, is subject to equitable distribution. This does not necessarily mean a 50/50 split, but rather a fair division based on a variety of factors, which both parties need to understand and discuss openly. Utilizing Mediation Services in ManhattanMediation is a highly effective tool for couples looking to divorce amicably in Manhattan. New York courts often encourage mediation as a means to resolve disputes without litigation. A neutral third party, known as a mediator, facilitates discussions between the spouses to help them reach a voluntary agreement on all aspects of their divorce. Mediation can be particularly beneficial in Manhattan, where the courts are frequently overloaded. It provides a more private, less adversarial, and often quicker way to settle disputes than going to court. Moreover, mediation can be more cost-effective, saving both parties time and money – valuable commodities in New York City life. The Role of Collaborative Law in Amicable DivorcesCollaborative law is another avenue for maintaining amicability during a divorce, and it’s supported by New York’s legal framework. In a collaborative divorce, each spouse hires an attorney trained in collaborative law, and all parties agree to work together to resolve issues without going to court. This approach is particularly suited to Manhattan’s dynamic and often complex divorce cases. Collaborative law promotes a team-based approach to negotiation, where other professionals, such as child custody specialists or financial advisors, can be brought in to advise. It enables both parties to have legal representation and quality guidance while working towards a settlement that respects the interests of both spouses and any children involved. Embracing these steps can significantly improve the prospects of an amicable divorce for couples in Manhattan. With the guidance of a seasoned Manhattan divorce attorney familiar with New York divorce laws, spouses can navigate the end of their marriage with dignity, respect, and a sense of collaboration – preserving their emotional well-being and potentially saving time and resources. Financial Considerations for a Smooth DivorceWhen navigating through a divorce in Manhattan, financial considerations are among the most significant aspects to manage. New York divorce laws require careful attention to the equitable distribution of assets, alimony determinations, and the handling of joint debts. A comprehensive approach to these financial matters can contribute greatly to a smooth divorce process. Equitable Asset DistributionIn New York, the division of assets during a divorce follows the principle of equitable distribution. This means that marital property is divided in a way that is fair, but not necessarily equal. Factors such as the length of the marriage, each spouse’s income and property when they married and when they filed for divorce, and each party’s contribution to the marriage (including contributions as a homemaker) are all considered. For Manhattan residents, who may have complex or high-value asset portfolios, it’s critical to accurately value all marital property, including real estate, businesses, retirement accounts, and investments. Spouses should gather all financial documentation and work with their attorney and, if necessary, financial experts, to ensure an equitable division that reflects their contribution to the marriage and current and future financial needs. Understanding and Negotiating AlimonyAlimony, known as spousal maintenance in New York, is another crucial financial issue in divorce. The purpose of alimony is to provide financial support to a spouse who earns less or has been out of the workforce. New York uses a formula to suggest an appropriate amount of spousal maintenance based on each spouse’s income and the length of the marriage. However, the formula is just a starting point. Other factors, such as the age and health of the spouses, their present and future earning capacity, and the need to care for children, can affect the final amount. In Manhattan, where the cost of living is high, these negotiations require careful planning and consideration to ensure a fair outcome. Dealing with Joint Debts and Financial ObligationsJoint debts are another aspect of financial considerations that can’t be overlooked. Both parties are generally responsible for any debts incurred during the marriage. This can include credit card debt, loans, and mortgages. In Manhattan, where living expenses and the cost of credit are high, it’s important to address these obligations carefully. Couples should disclose all debts and work together to decide who will be responsible for each debt or whether they will continue to handle them jointly. This is often a negotiation point and can be settled through mediation or collaborative law. It’s also advisable for each party to monitor their credit reports to ensure all debts are accounted for and properly managed. By addressing these financial considerations with diligence and transparency, and with the guidance of a knowledgeable Manhattan divorce attorney, couples can work toward a financial settlement that is fair and equitable for both parties, paving the way for a smooth divorce and a stable post-divorce financial future.
Co-Parenting and Child Custody AgreementsIn the state of New York, and particularly in the unique urban setting of Manhattan, establishing co-parenting and child custody agreements during a divorce is a process that places the well-being of the children at the forefront. By adhering to the state’s laws and prioritizing the best interests of the children, parents can lay a strong foundation for a cooperative future as co-parents. Prioritizing Children’s Best InterestsNew York law mandates that all decisions regarding child custody and visitation must prioritize the best interests of the children. This encompasses considerations of the child’s safety, their emotional and intellectual development, the quality of their home environment, the parental guidance each parent provides, and the child’s own wishes, depending on their age and maturity. In Manhattan, where schedules can be hectic and living arrangements diverse, parents need to maintain a focus on stability and continuity for their children. This might involve creating schedules that minimize disruption to the child’s school and social life, ensuring they have access to educational and cultural opportunities, and providing for their emotional needs amidst the changes a divorce brings. Crafting a Collaborative Parenting PlanA parenting plan is a detailed agreement that outlines how parents will raise their children following a divorce. In Manhattan, where diverse opportunities and busy lifestyles can complicate co-parenting, the plan needs to be comprehensive and collaborative. Elements of a parenting plan typically include residential arrangements, a visitation schedule, holiday and vacation plans, arrangements for health care and education, and methods for resolving future disputes. Both parents should work together, often with the help of their attorneys or a mediator, to develop a plan that serves the best interests of the children while also accommodating the parents’ schedules and responsibilities. A collaborative parenting plan can help reduce conflicts and provide a roadmap for effective co-parenting. Addressing Child Support in an Amicable MannerChild support is a critical component of any divorce involving children in New York. The state has specific guidelines that determine the amount of support, which takes into account the income of both parents, the number of children, and the percentage of time the child spends with each parent. In Manhattan, with its high cost of living, it’s important to ensure that child support arrangements are adequate and fair, providing for the children’s needs without causing undue financial burden on either parent. An amicable approach to child support acknowledges both the financial responsibilities and the contributions of each parent towards the children’s well-being. Co-parenting and child custody agreements require careful consideration and a spirit of cooperation to effectively meet the needs of the children involved. By prioritizing their best interests, crafting a collaborative parenting plan, and addressing child support amicably, parents in Manhattan can navigate the divorce process with a child-centered approach that respects the roles of each parent and provides for the security and happiness of their children. Emotional Aspects of DivorceDivorce is not only a legal process but also an emotional journey. In Manhattan, where the pace of life is fast and pressures are high, recognizing and managing the emotional aspects of divorce becomes crucial. Understanding New York divorce laws and knowing what to expect can alleviate some stress, but addressing the emotional impact directly is key to maintaining one’s well-being throughout the process. Managing Stress and Emotional Well-Being During DivorceThe stress of a divorce can be amplified by the hustle of Manhattan life. It’s important to find strategies to manage this stress effectively. Recognizing the emotional stages of divorce is the first step. It is normal to experience a roller coaster of emotions, and acknowledging them can help individuals cope better. Creating a routine to provide structure and stability can be beneficial. Additionally, separating the emotional aspects from the legal process is vital. While it’s natural for emotions to run high, especially when dealing with the legal nuances of New York’s divorce laws, maintaining focus on the practical steps can help in managing one’s emotional state. The Importance of Self-Care and Support NetworksSelf-care is often overlooked during a divorce, yet it is essential for mental health. Individuals going through a divorce in Manhattan should be encouraged to maintain or adopt a healthy lifestyle, including regular exercise, a balanced diet, and sufficient sleep. Engaging in activities that bring joy and relaxation is equally important. Moreover, support networks play a critical role in navigating the emotional turmoil of divorce. Friends, family, and support groups can offer the necessary emotional backup. Manhattan has a variety of support systems available, from formal support groups to informal meet-ups, which can provide a sense of community and understanding. Seeking Professional Counseling When NeededAt times, the emotional impact of divorce may become overwhelming, and professional help may be needed. Therapists and counselors, particularly those experienced with the stressors associated with divorce, can provide individuals with coping mechanisms to navigate their emotions effectively. In the context of New York divorce laws, a Manhattan divorce attorney might also suggest consulting with a mental health professional to help manage the emotional aspects. This can be especially important when there are children involved, as maintaining emotional stability is key to effective co-parenting post-divorce. Divorce is inherently emotional, and for residents of Manhattan, these emotions can be intensified by the environment. Managing stress, investing in self-care, utilizing support networks, and seeking professional counseling when necessary, can help individuals take care of their emotional health as they work through the legalities and logistics of their New York divorce. Legal Representation and GuidanceWhen it comes to divorce, legal representation is not just about litigation; it’s about guidance, strategy, and ensuring a fair process. In Manhattan, where the stakes can be high and the cases complex, the role of a divorce attorney is crucial—even when the divorce is amicable. Understanding when and how to engage with a Manhattan divorce lawyer can make a significant difference in the divorce experience. The Role of a Divorce Attorney in an Amicable DivorceMany assume that an amicable divorce doesn’t require a divorce attorney, but this isn’t the case, especially under the intricate frameworks of New York law. A divorce attorney’s role in an amicable divorce is to provide counsel, ensuring that all decisions are informed and rights are protected. The division of high-net-worth assets, understanding spousal support nuances, and negotiating child custody require legal skill—even when both parties are in agreement. An attorney can help draft the necessary legal documents, outline the potential legal outcomes, and offer a clear understanding of the equitable distribution of assets. They ensure that the amicable agreements made are also legally sound and enforceable, preventing future disputes and complications. When to Consult with a Manhattan Divorce LawyerConsulting with a divorce lawyer should be considered early in the process—even before informing your spouse of your decision, if possible. Early consultation provides a clear picture of your legal standing, what to expect, and how to prepare. For Manhattan residents, where financial and parenting arrangements may be more complex, early legal advice is particularly valuable. It is also important to consult a lawyer when there are changes in the divorce agreement, when navigating prenuptial agreements, or when circumstances change substantially, such as a shift in either party’s financial situation or when relocating with children. How Legal Professionals Can Facilitate Amicable ResolutionsLegal professionals, especially those adept in Manhattan’s divorce law landscape, can facilitate amicable resolutions by offering alternative dispute resolution methods, such as mediation or collaborative divorce. These methods prioritize a cooperative approach and can often result in a more peaceful and cost-effective divorce process. Attorneys can act as mediators, helping both parties reach a mutual agreement that is fair and in alignment with New York divorce laws. They can also help manage communications between spouses, reducing the potential for conflict and ensuring that discussions remain productive. Even in amicable divorces, a Manhattan divorce attorney’s guidance is indispensable. From ensuring the legal soundness of agreements to facilitating negotiations and protecting clients’ rights, lawyers play a vital role. By engaging with a legal professional early and throughout the divorce process, parties can navigate New York’s complex divorce laws with confidence and ensure that the final settlement is equitable and sustainable. Finalizing the Divorce AmicablyEven when both parties are eager to finalize a divorce amicably, the process can be complex and emotionally taxing. In Manhattan, where the legal landscape can be particularly daunting, it is essential to understand the process, know what to expect when signing the divorce agreement, and be aware of post-divorce formalities. Proper navigation of these steps can ensure that the dissolution of the marriage is as smooth and conflict-free as possible. Understanding the Manhattan Divorce Court ProcessThe Manhattan divorce court process follows the New York State divorce laws but does so within the unique context of New York County’s Supreme Court. To finalize a divorce amicably here, you’ll first need to ensure that all grounds for the divorce meet state requirements, which include both fault-based and no-fault grounds. Once the grounds are established, the process typically involves submitting a summons and complaint or summons with notice to the court. If both parties agree on all matters (an uncontested divorce), they can prepare and sign a settlement agreement, outlining the terms for property division, child custody, alimony, and any other relevant matters. A key aspect of the Manhattan court process is the case management system, which is designed to streamline the process. Couples are encouraged to resolve their issues outside of court when possible, often through mediation or collaborative law, which can be less adversarial and more time-efficient. Signing the Divorce Agreement: What to ExpectSigning the divorce agreement is a critical step in finalizing an amicable divorce. By the time you reach this stage, both parties should have a complete understanding of its contents, which will have been negotiated and drafted with the assistance of a divorce attorney. In Manhattan, the agreement must be thorough, covering all pertinent aspects of the divorce, including division of marital property, spousal and child support, and parenting time. It’s important to review the agreement carefully, ideally with legal counsel, before signing. This document will dictate the terms of the post-divorce relationship, and it is legally binding once it has been signed and ratified by the court. Post-Divorce Formalities and ClosureAfter the divorce agreement is signed, there are still several formalities to be completed to ensure that the divorce is legally finalized. This includes submitting the agreement to the court for approval and waiting for the judge to issue a final decree of divorce, known as the Judgment of Divorce. In Manhattan, the court may have additional formalities, such as submission of findings of fact and conclusions of law, along with the judgment. Once the judgment is signed by the judge, the divorce is official. However, the process doesn’t end there. You may need to update your personal records, execute the transfer of property as stipulated, and adjust your estate planning documents to reflect your new marital status. In summation, finalizing a divorce amicably in Manhattan involves understanding the specific court processes, thoroughly reviewing and signing the divorce agreement, and completing post-divorce formalities. Both parties should approach each stage thoughtfully and with good counsel to ensure that the amicable end to the marriage is handled with respect, fairness, and legality. Explore The Amicable Approach with The Law Office of Richard Roman ShumAn amicable divorce is more than a legal process—it’s a commitment to resolve differences with dignity and a focus on the future. Our Manhattan divorce attorneys understand that every couple has a distinct story, and we aim to honor that story while helping you turn the page with grace. The Law Office of Richard Roman Shum is here to be your advocate during this period of transition, ensuring that your voice is heard and your rights are protected. With the seasoned guidance of The Law Office of Richard Roman Shum, you can explore a less contentious approach to divorce, one that paves the way for amicable solutions. Our team’s extensive skill and track record are at your service, providing clarity and support as you embark on this delicate journey. Embrace the possibility of a respectful closure and a harmonious new chapter. Contact The Law Office of Richard Roman Shum today at (646) 259-3416, and let us assist you on the path to an amicable resolution. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-have-an-amicable-divorce/ Navigating the complexities of child passport applications can be a challenging and time-consuming process, especially when it comes to understanding the importance of both parents’ involvement and the legal requirements for parental consent. In this article, we delve into the critical aspects of the child passport application process in New York, including the necessary documents, submission procedures, and situations where both parents are not required for completing the application. Having the guidance of a skilled New York family lawyer can make a world of difference in understanding and addressing any potential legal issues surrounding the application process, ensuring that your child’s best interests are protected. Call the Law Office of Richard Roman Shum today at (646) 259-3416 to learn more about how our team of experienced New York family law attorneys can help you navigate the child passport application process smoothly and efficiently. Importance of Both Parents in a Child’s Passport ApplicationThe involvement and consent of both parents during a child’s passport application process is crucial for various reasons. Both parents are considered legal guardians of their children, meaning that both parties have equal say in making decisions relating to their child’s wellbeing. This includes travel permissions and passport applications, which require legal consent from both parents to ensure the child’s safety and prevent parental child abduction. Legal Requirements for Parental ConsentIn New York, passport applications for minors require the consent of both parents or legal guardians. This legal requirement ensures that both parents are aware of, and agree to, their child traveling abroad with a passport. Parental consent is especially important when a child is traveling alone or with only one parent. For instance, in the United States, both parents must provide consent for a child under 16 years of age to obtain a passport. If one parent cannot be present during the passport application process, they must submit a notarized consent form (Form DS-3053) granting permission for the child to obtain a passport. In cases where one parent has sole legal custody, that parent must submit documents proving their custodial rights. The Two-Parent Consent LawThe Two-Parent Consent Law was established in response to increased international parental child abductions. The law requires both parents to provide consent for a child’s passport application to ensure that children are not wrongfully removed from their home country by a single parent. The law states that both parents must appear in person at a passport acceptance facility with the necessary identification, passport photos, and evidence of their relationship to the child. In cases where one or both parents cannot attend, a signed and notarized consent form or court documents granting one parent sole custody and authority to apply for the child’s passport must be provided. The Two-Parent Consent Law creates a system of checks and balances to reduce the risk of international child abductions and ensures both parents have a say in their child’s international travel. Child Passport Application Process in New YorkApplying for a child’s passport in New York may seem like a daunting task, but following the proper steps and gathering the required documents can make the process smooth and efficient. We cover the important aspects of the child passport application process in New York, including the required documents, where to submit the application, and situations where both parents are not needed to complete the application. Required documents for applicationTo apply for a child passport in New York, you will need to gather several documents before proceeding with the application process. Here’s a list of documents that you will need:
Where to submit the applicationIn New York, you can submit a child passport application at a U.S. Passport Acceptance Facility. There are many locations throughout the state, including post offices, courthouses, and public libraries. Some facilities require appointments, while others allow walk-ins. Visit the U.S. Department of State’s website to find the closest facility and verify their hours and appointment requirements. In case of urgent travel plans, you may apply for an expedited service by providing proof of imminent international travel. This service has an additional fee, and you must apply in person at a U.S. Passport Agency or Center. The nearest location in New York is the New York Passport Agency, located at 376 Hudson St, New York, NY 10014. Parental Exceptions and Special CircumstancesIn most cases, both parents should be present when submitting the child’s passport application. However, there are circumstances where only one parent is needed. These include: Sole Legal CustodyIn case you are the sole custodian of your child and need to provide supporting paperwork for your child’s passport application, there are various types of documents you can use. These documents may include:
Proof Of Sole Legal Custody For PassportIf you find yourself as the sole legal custodian of your child, the authority to make decisions regarding your child’s passport rests solely with you, and you do not require the consent of the other parent. To navigate the process of obtaining a passport for your minor child smoothly, it is essential to meticulously handle the submission of all required documentation along with evidence demonstrating your sole legal authority. For a parent with sole legal custody, a personal appearance is mandatory when applying for the minor’s passport. During this appearance, you must sign Form DS-11 in front of an Acceptance Agent. A crucial aspect of this process involves submitting primary evidence that confirms your exclusive authority to apply for your child’s passport. The following documents are accepted as proof of sole custody for minors:
Each of these documents serves as crucial evidence of your exclusive legal standing, ensuring a successful application process for your minor child’s passport. Navigating the intricate requirements for obtaining a passport under the proof of sole legal custody can be complex, but a skilled New York family law attorney can provide invaluable assistance. At the Law Office of Richard Roman Shum, our experienced attorneys can guide you through the necessary documentation, offer sound legal advice, and advocate for your rights as the sole custodian. Contact us to schedule a consultation and secure your child’s travel documentation with confidence. One Parent Unable to AppearIn cases where a child’s passport application cannot be accompanied by one of their parents or guardians, the absent party can grant consent by filling out Form DS-3053, known as the “Statement of Consent.” To proceed, the parent or guardian who is unable to attend must:
Other Parent Cannot be LocatedIn instances where the other parent cannot be reached or located, form DS-5525, known as the “Statement of Exigent/Special Family Circumstances,” must be submitted.
Neither Parent Able to AppearTo obtain a child’s passport, a third party can submit a Form DS-3053, also known as a “Statement of Consent,” or a notarized statement from both parents/guardians granting permission for the third party to apply for the passport on behalf of the child. The statement should include a copy of the parents/guardians’ identification. However, if the statement is provided by only one parent/guardian, the third party must provide proof of sole custody of the consenting parent/guardian. Keeping Track of Application StatusTo ensure your child’s passport application runs smoothly, it is recommended to check the status regularly. You can track the progress of the application online or by phone. Be sure to have your child’s full name, date of birth, and the last four digits of their Social Security number handy when checking the application status. Additionally, it’s essential to keep in mind that processing times for passports can vary depending on factors like application volume and the time of year. Remember to plan accordingly and apply well in advance of any planned international travel. Renewing a Child’s PassportAll minor passports have a validity of five years, so it is necessary to renew your child’s passport when it expires. A child under 16, accompanied by both parents, must be present to renew their passport. If the child’s last passport was issued when they were under 5, provide 1-2 photos per year from the issuance date to the present, demonstrating how their appearance has changed (casual or family photos are acceptable). To renew the passport, follow these steps:
Obtaining a child’s passport in New York requires careful consideration of various legal requirements, including the involvement and consent of both parents. The Two-Parent Consent Law, in particular, plays a vital role in ensuring the child’s safety and preventing international child abductions. By understanding the necessary documents, submission procedures, and exceptions for parental involvement, parents can navigate the child passport application process with relative ease. Enlisting the help of a skilled New York family lawyer can provide invaluable assistance in navigating the complexities of the passport application process. At the Law Office of Richard Roman Shum, our team of skilled New York family law attorneys may be able to help ensure that your passport application is handled smoothly and efficiently, allowing you to obtain the necessary travel documents without unnecessary delay or frustration. Contact us today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/do-both-parents-need-to-be-present-for-their-childs-passport-application-in-new-york/ Alimony or spousal support is financial assistance provided by a person to their spouse. The amount and frequency of alimony payments are decided by either the couple themselves through negotiations or by a judge who has evaluated the couple’s case. If you earn more than your spouse, the court may be more likely to assign you the role of “monied spouse,” charged with providing your spouse with alimony. While this is not always the case, having to provide spousal maintenance can prevent you from fully moving on and building a new life after your divorce. An experienced New York spousal support attorney may be able to help you learn more about your rights and your options on how to modify your alimony order or explore legal ways to stop paying it entirely. At the Law Office of Richard Roman Shum, skilled New York divorce attorney Richard Shum offers quality legal assistance in matters of spousal support and other aspects of divorce. To learn more about how we can help you modify an alimony order, call us today at (646) 259-3416 to schedule a free consultation.
How To Determine Who Qualifies for Spousal SupportIn New York, the court usually assigns spousal support depending on the financial capability of each spouse. The court will prioritize giving alimony to a spouse who can demonstrate that they have a financial need for support. The court initially only order alimony on a temporary basis depending on the time the court determines would be enough for the payee spouse to get back on their feet. There are three types of alimony in New York:
Temporary Alimony in New YorkTemporary alimony in New York lasts during the duration of the divorce proceedings themselves. New York courts have a formula they use to calculate the suggested amount of temporary alimony. If the court determines the baseline support determined by the calculator to be unjust or inappropriate, a judge can increase or decrease the amount as they see fit. The amount of temporary alimony is determined by each party’s income (up to $203,000 of the spouses’ net income) and whether the payor spouse will also have to pay child support on top of paying alimony. Temporary alimony does not affect the court’s decision regarding the awarding of post-divorce spousal maintenance. Temporary alimony ends when the divorce is final or either spouse passes away. Post-divorce AlimonyPost-divorce alimony or spousal maintenance can either be durational or non-durational. Durational alimony lasts for a fixed amount of time depending on how long the couple has been married:
The calculation based on the duration of the marriage can be treated by a judge as a jumping-off point when deciding the duration of alimony. A judge can also use other factors (N.Y. Dom. Rel. Law § 236(6)(e) (2022)) to determine how long they can award alimony:
For high-earners, any amount above the $203,000 previously considered would not affect the baseline calculation unless the judge determines that following the baseline is unjust or inappropriate. If the court decides that a deviation from the baseline is in order, the new amount will be put in writing including the reasoning and the factors the court used to come to that determination. A post-divorce award lasts until the term of the alimony runs its course, the award is modified, either spouse dies, or the payee spouse remarries. In some cases, it may be changed when a payee spouse starts cohabitating with another person. (N.Y. Dom. Rel. § 236B(a)) Permanent Alimony in New YorkIn cases where the couple has been married for a long time and one of the spouses has never had the opportunity to build a career to take care of the family or because the other spouse had a high income. The court can also award non-durational alimony under the following circumstances:
Non-durational alimony in New York will end if either spouse dies or the payee spouse remarries. It can also end if there are changes in the quality of life of either the payor or the payee spouse.
How Is Alimony Paid in New York?New York courts typically order spousal support to be paid in a monthly fashion. Depending on the spouses’ agreement, they can arrange a monthly direct deposit payment without interference from the court. In cases where the spouses cannot agree on the schedule and the method of payments, the court can instead arrange an income withholding order from the payor spouse’s account to ensure the collection of alimony payments. Should a payor spouse miss payments, the payee spouse can file a formal complaint with the court and request an order to collect the missed payments. Lump sum payments of alimony can also be awarded subject to a court order or the spouses’ agreement. Before choosing to pay a lump sum for your alimony payment, you should consider the tax implications of doing so. Your spouse may also remarry before the ordered duration of the alimony payments are due, forfeiting the alimony. Before you make any decisions, it is important to seek the help of an experienced New York spousal support attorney. At the Law Office of Richard Roman Shum, our attorneys work hard to provide quality legal support and representation to clients involved in matters of family law. Our skilled New York spousal support attorneys may be able to guide you through the roles and responsibilities of being a payor spouse in an alimony case. Call us today at (646) 259-3416 to schedule a free consultation. How To Avoid Paying AlimonyPaying alimony can be a considerable financial strain to the payor spouse. If the divorce is highly contentious, having to pay spousal support or maintenance may feel like rubbing salt into the wound. However, not paying alimony after being ordered to by the court can result in devastating consequences. Approaching the matter of avoiding alimony should be done with careful consideration of the factors surrounding your divorce. There are also some practical and legal methods you can utilize to avoid having to pay spousal support or maintenance in New York. Creating a Prenuptial or Postnuptial AgreementA prenuptial agreement can explicitly establish the assets and liabilities each spouse will bring into the marriage. A prenuptial agreement can also include a financial statement from each spouse and lay out exactly which asset belongs to which spouse. If you have already finalized your marriage, you can also create a postnuptial agreement. A postnuptial contains essentially the same information as a prenuptial agreement but is created after the marriage. You should consider having a skilled New York marital agreement attorney draft your documents to make sure they will be enforced by a judge. Having the help of an experienced attorney can ensure that your best interests are protected in the agreement and that it is legally binding. Give Your Spouse Assets Instead of Spousal SupportIf the possibility of creating a prenuptial or a postnuptial agreement is moot due to disagreements with your spouse, you may consider negotiating with your spouse and giving them a larger share of the marital assets, assets that give off income, your marital home, or a bigger chunk of any retirement funds you share. The court may also decide more favorably on your behalf if you keep friendly communication with your spouse as it shows your willingness to cooperate and negotiate on the specifics of your divorce. Request a Vocational Evaluation From the CourtIf you have reason to believe that your spouse is remaining as a stay-at-home parent even if it is not strictly necessary, you may be able to request the court to conduct a vocational evaluation. A vocational evaluation carefully considers your spouse’s wage-earning capacity and whether they can reenter the workplace with ease after the divorce. There is still a chance that the court will require you to pay temporary alimony until the divorce is finalized. While this may feel like a personal offense, especially if the divorce is contentious, it is important to remember that alimony payments are intended to help your spouse get back on their feet and allow themselves to be financially independent. Short-term alimony is a small price to pay, especially if your spouse gave up or postponed career opportunities to help establish your family or advance your career.
Submit Proof That Your Spouse Does Not Require Spousal MaintenanceThere are cases in which an ex-spouse would only use obtaining spousal maintenance payments to get back to their ex meaning they don’t require the money to maintain their standard of living. Perhaps your spouse has access to a large inheritance or savings account, or perhaps a trust fund with a large stock portfolio. If this is the case, you may be able to seek legal assistance to declare your and your spouse’s complete financial statements and remove any doubt that your spouse can manage even without spousal maintenance. Reduce Your Spending Where PossibleGiven that getting a divorce can be a financially intensive process, it’s likely that you have already made a lot of lifestyle changes to accommodate that cost. It may be a good idea to evaluate your expenses, making sure to live within your means. If your spouse petitions the court for alimony, your monthly expenses and income will be among the factors considered by the judge in determining whether to award spousal support or maintenance. Another important factor to consider is to never waste marital assets while in the process of finalizing your divorce. While you may feel like it is within your right to spend your marital funds as a result of the divorce, financially irresponsible acts can count as a demerit against you when the court is evaluating whether to award alimony to your spouse. File Your Divorce Sooner Rather Than LaterIt can be ridiculous to think of divorce as the solution to a disagreement, compared to working things through. However, dragging your feet in filing a divorce can cause you more heartache and a longer duration of alimony payments, given that the length of a marriage is a factor in determining the duration of alimony. If you feel that your marriage is not going to last, it may be best to file for a divorce as soon as you can. Stay Informed About Your Spouse’s RelationshipsYou will no longer be required to pay spousal maintenance if your ex-spouse has remarried. If your spouse has begun cohabitating with a new partner, you may be able to stop paying as well. You should get the advice of your New York divorce attorney to determine whether you are required to continue paying spousal maintenance after your ex-spouse has begun living together with a new partner. File a Fault DivorceNew York laws allow the filing of fault divorces, meaning a spousal act was the reason for the breakdown of the marriage. If you are a victim of spousal abuse or if your spouse was adulterous, you can file a fault divorce to lessen the chances of them being awarded alimony. You will need to provide proof of the wrongdoing to support your claim. The judge will also be the one to decide whether the fault-based grounds for the divorce have merit. Working with an experienced New York contested divorce attorney who can protect your best interests and help you understand your rights under the law is essential. New York contested divorce attorney Richard Shum may be able to walk you through the process of filing a fault-based divorce. Our attorneys at the Law Office of Richard Roman Shum provide quality legal counsel and aggressive representation in the interest of protecting our clients’ rights. Call us today at (646) 259-3416 to schedule a free consultation.
Move Out Of State To Avoid AlimonyRelocating out of New York following a divorce can potentially impact alimony arrangements. Whether you are the recipient of alimony payments or the one making such payments to your former spouse, relocating to another state may be regarded as a significant change in circumstances. As a result, this change could result in an alteration of the alimony amount. However, the result is heavily influenced by the details specified in your Marital Settlement Agreement (MSA). If you have intentions to move out of state post-divorce, it is recommended to incorporate details about your intended relocation within your MSA. Taking this proactive measure can facilitate a smoother transition. If you are considering relocating to another state after a divorce, it is prudent to proactively amend your divorce arrangements to address potential changes. This enables you to make informed choices regarding your financial situation, tailored to your unique circumstances. This highlights the importance of consulting with an attorney before making any significant adjustments to your post-divorce arrangements. Considering a move out of state to avoid alimony can have significant legal implications, and it’s crucial to navigate this complex matter with the guidance of a seasoned New York spousal support attorney. At the Law Office of Richard Roman Shum, our experienced lawyers understand the nuances of alimony laws in New York and can provide strategic guidance to help you make informed decisions about your case. Contact us to schedule a consultation and gain insight into your alimony concerns. Can a Working Wife Get Alimony?In New York, a working wife may be eligible for alimony if the court determines that she requires financial support. Alimony, also known as spousal support, is provided to assist a spouse in getting back on their feet after a divorce. The amount and duration of alimony payments are determined based on several factors, including the financial capacity of each spouse, the length of the marriage, and the needs of the recipient spouse. In New York, there are three types of alimony: temporary spousal support, post-divorce alimony, and permanent or “non-durational” alimony. Temporary alimony is granted during the divorce proceedings and is calculated based on the income of both parties and other considerations, such as child support obligations. Post-divorce alimony can be either durational or non-durational and is awarded for a fixed period based on the duration of the marriage and other factors, including the age and health of each spouse, their earning potential, child support payments, and the contributions made by the recipient spouse to the payer’s career. Permanent alimony may be granted when one spouse has been unable to build a professional career due to their responsibilities in caring for the family, or if the other spouse earns a substantial income. It can also be granted under specific circumstances, such as when the recipient spouse is unable to support themselves due to age, medical conditions, or financial dependence. Permanent alimony terminates if either spouse passes away, the recipient spouse remarries, or if there are significant changes in the circumstances or standard of living of either spouse. How Do I Modify an Alimony Order or Stop Paying if I Have Already Been Ordered by the Court?The main purpose of alimony and spousal maintenance is to help your spouse get back on their feet after a divorce. In most cases, awarding alimony is not meant to be a punishment to the payor spouse. You have the right to petition the court to modify the spousal support originally awarded to your spouse if:
These grounds may be useful, especially if the court has awarded permanent alimony to your spouse. However, if your financial hardship is self-induced, meaning you quit your job and became unemployed just to avoid paying alimony, the court may disregard your petition and order you to continue paying the same amount of spousal support or maintenance.
Get the Help of an Experienced New York Spousal Support AttorneyStopping the payment of alimony out of the blue can have enormous legal repercussions. Without a valid reason and without following the appropriate legal processes to modify your spousal support order, the court can order your wages to be garnished and use it to pay your outstanding payments. Any tax refund you receive may also be seized to pay for spousal support. In the worst-case scenario, a judge can hold you in contempt of court and sentence you to jail. Richard Shum, a top-rated New York spousal support attorney, may be able to help you petition a modification of your spousal support order. At the Law Office of Richard Roman Shum, we understand the importance of being able to start anew after a divorce. This can be challenging if you are experiencing a financial strain in the form of having to pay spousal support. Our skilled attorneys can help determine the legal options available for you to avoid paying a large amount of money for alimony or avoid paying it entirely. To schedule a complimentary consultation with one of our experienced New York spousal support attorneys, contact us today at (646) 259-3416. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-avoid-paying-alimony-in-new-york/ |
AuthorAttorney Richard Roman Shum has dedicated his career to helping families navigate the complicated fields of family law and divorce law. His calm focused, and pragmatic approach helps clients understand their roles and responsibilities in a legal battle. To schedule a consultation about your family law matters, contact the Law Office of Richard Roman Shum at (646) 259-3416. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to ArchivesNo Archives Categories |