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/
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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/ A marriage is a financial relationship as much as it is an emotional one. Spouses are expected to support each other financially while they are together. When a couple goes through a divorce, this relationship is also severed. When one spouse in a divorce is at a financial disadvantage, spousal support can be a way to allow them to get back on their feet with the help of their ex-spouse. As is often the case in a divorce, deciding on matters such as whether to request spousal support or when one avoids alimony can become contentious when emotions are running high. Getting the help of a New York attorney who can protect your best interests is crucial. At the Law Office of Richard Roman Shum, experienced New York spousal support attorney Richard Shum has dedicated his practice to providing individuals with skilled legal advice in navigating divorce. Call us today at (646) 259-3416 to schedule a free consultation. The Purpose of Spousal SupportSpousal support or alimony is financial assistance one spouse pays to the other even after their marriage is terminated. It is meant to tide over any difficulties a financially dependent spouse may encounter while transitioning from a two-income to a one-income household. Spousal support has little to do with gender roles and everything to do with each spouse’s financial security after the divorce. Spousal support is also seen as a way to help spouses who worked in the home or postponed their careers to look after their family to look for a job that can support their existing standard of living. As a no-fault divorce state, it is not necessary for a divorce to have fault-based grounds before a spouse can be awarded spousal support. Alimony vs Spousal SupportIn the state of New York, the terms “alimony” and “spousal support” may seem to be different, but they actually refer to the same concept. They represent the financial assistance that a more financially stable spouse provides to the other during or after a divorce. Traditionally, “alimony” was the term used in discussing post-divorce payments, while “spousal support” referred to payments made during the separation or divorce proceedings. However, in modern legal language, these terms are interchangeable. Alimony or spousal support is not automatically granted in New York divorces. The court considers various factors such as the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the needs of the receiving spouse. The goal is to mitigate any unfair economic impacts caused by a divorce, allowing a lower-earning spouse to maintain a lifestyle similar to what they experienced during the marriage. It’s essential to understand that alimony or spousal support can be modified or terminated based on circumstances like the remarriage of the receiving spouse, a significant change in the financial situation of either party, or other conditions as defined by New York state law. The complexities surrounding alimony and spousal support underscore the importance of seeking legal counsel when dealing with divorce proceedings. An experienced spousal support attorney can provide necessary guidance and advice on these critical matters. How is Spousal Support Calculated?The calculation of spousal support in New York courts differs based on the presence or absence of child support. If the non-custodial parent is responsible for both child and spousal support, the payment amount is determined by deducting 25% of the payee’s income from 20% of the payor’s income. For example, if the payor earns $100,000 per year and the payee earns $50,000 per year, the spousal support would be $7,500 per year or $625 per month. On the other hand, if child support is not involved or the custodial parent is providing spousal support, the payment amount is calculated by subtracting 20% of the payee’s income from 30% of the payor’s income. In the previous example, the spousal support would be $20,000 per year. There are restrictions on spousal support amounts based on the couple’s combined income. The calculation involves subtracting the payee’s income from 40% of the couple’s joint income. If the result is less than the spousal support calculated earlier, the payee will receive the lower amount. In the previous example, the maximum spousal support would be $10,000 per year (or $833.33 monthly payments) when child support is not involved. In New York, spousal support must be calculated before determining child support payments to ensure that parents’ incomes accurately represent their monthly financial resources. If spousal support obligations reduce an individual’s income below the annual “self-support reserve” amount (which was $18,347 in 2022), payment amounts may be lowered accordingly. If the payor’s income exceeds the “income cap” (which was $203,000 in 2022), spousal support calculations only apply to income up to that limit. Judges have discretion over spousal support calculations for income exceeding the cap. How is Spousal Support Awarded?In New York, a couple who is divorcing may negotiate whether and how much spousal support is necessary. If they cannot reach an agreement, either spouse may file a spousal support petition in Family Court and seek the court’s intervention in deciding the matter of spousal support. When seeking a divorce, each couple’s financial records are submitted to the court. This information will be used in determining how much spousal support can be given. Spousal support payments can be a significant financial concern for the payor spouse. While no one gets into a marriage expecting a divorce, it is reasonable to speak about it with your spouse in advance or create legal safeguards that can protect you and your spouse from future issues. Spousal support can be awarded before the divorce is finalized and is usually given by the higher-earning spouse to the other. Temporary spousal support ends once the court has decided upon terms of spousal maintenance, usually when the divorce proceedings conclude. Spousal support payments are different from child support. You can receive alimony even if you do not have a child with your ex-spouse, but the amount you will receive from your spouse if they are also paying for child support may be less. The court uses baseline guidelines on how much spousal support, or maintenance, must be awarded but will factor in considerations such as the following:
In cases of high-net-worth individuals, the court may order a deviation in the spousal support computation. Prenuptial and postnuptial agreements will also be honored if a couple has previously discussed and agreed upon the subject of spousal support. Spousal maintenance refers to post-divorce financial support a financially disadvantaged individual will receive from their ex-spouse. It can either be durational or non-durational.
Non-durational alimony is often given in cases where the spouses have been married for a long time and one of the spouses has not established a career due to taking care of the family or supporting the other spouse’s career. Awarding of non-durational alimony depends on whether the financially dependent spouse still has the capacity to earn a wage and build a career to support themselves. It is crucial to follow a spousal support order once it is given by the court. While it is understandable that the payor spouse may have some qualms about providing for their ex-spouse, especially if the divorce has been difficult, purposefully ignoring a spousal support order or engaging in fraudulent behavior to avoid paying spousal support can result in dire legal consequences. Before you make any decisions about alimony, it is important to consult with an experienced New York spousal support attorney who can walk you through the processes involved. An attorney can represent your interests in alimony negotiations and also help you enforce a spousal support order, if necessary. At the Law Office of Richard Roman Shum, we understand the financial impact of divorce and offer quality legal counsel and representation to individuals going through this difficult time. We provide assistance in filing spousal support petitions, whether temporary or post-divorce and can also help in seeking spousal support order modifications. Our skilled New York spousal attorneys are ready to assist. Contact us today at (646) 259-3416 to schedule a free consultation or fill out our online form. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-spousal-support/ Divorce is one of the most challenging decisions a person can face in their life. It’s a pivotal moment, marking the end of a chapter and the beginning of another. The process involves a great deal of emotional complexity, legal intricacy, and financial implications. Consequently, the way you approach the subject and communicate your decision to your spouse can significantly impact the process. It’s crucial to consider several factors to ensure you handle the situation with care, respect, and dignity. The process of asking for a divorce can be daunting, and it’s crucial to seek legal advice to navigate through this intricate journey. Our New York divorce attorney is experienced in dealing with the complexities of divorce cases, providing sound advice on how to communicate your intentions to your spouse effectively and tactfully. At the Law Office of Richard Roman Shum, our team of Manhattan divorce lawyers can guide you through the legal proceedings, helping you understand your rights, responsibilities, and the potential outcomes of different scenarios. Call us today at (646) 259-3416. Our team can provide the necessary support and guidance to make the process as smooth and straightforward as possible. Understanding the Divorce Process in New YorkIn New York, either spouse can file for divorce. The state recognizes both fault-based and no-fault divorces. A no-fault divorce can be filed when one or both spouses claim that the marriage has been irretrievably broken for at least six months, whereas fault-based divorce can be sought on grounds including adultery, cruelty, abandonment, or imprisonment. New York divorce laws also include provisions for equitable distribution of marital property, which means the court divides marital property in a way that is fair but not necessarily equal. Residency Requirements in New YorkBefore filing for divorce in New York, it’s important to understand the state’s residency requirements. At least one of the following points has to be satisfied to meet the requirement:
These residency requirements ensure that New York courts have jurisdiction over your case and can make legally binding decisions regarding your divorce. Types of Divorce in New YorkDivorce proceedings can be categorized into two primary types: uncontested and contested. Each type represents a different pathway to the dissolution of a marriage, carrying its own set of characteristics, requirements, and potential challenges. Uncontested DivorceAn uncontested divorce is when both parties agree on all aspects of the divorce, including property division, child custody, and spousal support. This is typically a smoother and quicker process as there are no disputes for the court to resolve. Parties involved in an uncontested divorce often work with their respective attorneys to draft a settlement agreement, which is then submitted to the court for approval. Often, no court appearances may be required. Contested DivorceA contested divorce, on the other hand, is when the parties cannot agree on one or more issues, and the court must decide. These divorces are often more complex and time-consuming. They may require a trial where both parties present evidence and arguments for their desired outcomes. These cases can be challenging, and it’s essential to have a knowledgeable Manhattan divorce lawyer to represent your interests and guide you through the process. Understanding the divorce process in New York is crucial for anyone contemplating divorce. From residency requirements to the different types of divorce, each aspect plays a key role in how the divorce proceedings will unfold. A Manhattan divorce lawyer can help you navigate these complexities, ensuring that you understand your options and are able to make informed decisions that reflect your best interests. How to Tell Your Spouse You Want a DivorceDivorce is a difficult topic, fraught with heavy emotions and implications. However, when it becomes inevitable, it’s crucial to approach your spouse with clarity, compassion, and respect. Here’s how to tell your spouse you want a divorce.
Remember, it’s important to maintain respect and compassion throughout the process, despite the pain and difficulties. After all, this person was once your partner in life. Preparing for a Divorce in New YorkPreparation is a key aspect of the divorce process. Ensuring you have all the necessary documentation, a clear understanding of your financial situation, and a well-thought-out plan for any children involved can help make the process smoother and more manageable. Gathering Essential DocumentsThe first step in preparing for a divorce process is compiling all the relevant documents. These include:
These documents provide a detailed overview of your financial circumstances and are crucial for discussions about property division, child support, and spousal maintenance. Identifying Marital Assets and DebtsAnother critical step in preparing for divorce is identifying and understanding the full extent of your marital assets and debts. Marital assets can include properties, vehicles, investments, retirement accounts, and personal belongings acquired during the marriage. Conversely, marital debts might comprise mortgages, car loans, credit card debts, and other liabilities incurred during the marriage. It’s important to note that New York is an equitable distribution state, which means that marital assets and liabilities are divided in a manner considered fair by the court, but not necessarily equally. Having a comprehensive understanding of your assets and debts can help you and your attorney negotiate a fair distribution. Considering Child Custody and SupportIf you and your spouse have minor children, considering their future custody and support arrangements is a vital part of the divorce preparation process. New York courts prioritize the best interests of the child when making decisions about custody and support. Child custody involves decisions about who the child will live with (physical custody) and who will make important decisions about the child’s upbringing (legal custody). Child support, on the other hand, refers to the financial support a non-custodial parent contributes towards a child’s living and education costs. It’s important to remember that these decisions can have long-lasting impacts on the child’s life. Therefore, it’s advisable to discuss potential arrangements with a competent Manhattan divorce lawyer who can guide you in making decisions that are in the best interest of your child. Initiating the Divorce ProcessStarting the divorce process involves a few key steps. These include choosing the appropriate grounds for divorce, filing the initial legal documents, and serving the divorce papers to your spouse. Each step is an integral part of the process and requires careful thought and planning. Choosing the Right Grounds for DivorceThe grounds for divorce set the tone for the entire divorce process. They form the basis for the dissolution of the marriage and can significantly influence how smoothly the process unfolds. Fault-Based GroundsFault-based grounds imply that one spouse is to blame for the dissolution of the marriage. In New York, these grounds include:
No-Fault DivorceIn 2010, New York became the final U.S. state to implement a bona fide “no-fault” divorce law. This now allows any spouse pursuing divorce in New York to assert under oath via a Verified Complaint that their marital relationship has irreparably deteriorated over a minimum period of six months. This kind of claim is referred to as “irreconcilable differences” in other states. The specifics of these differences can vary case by case, but fundamentally, it implies a six-month period where the spouses have failed to maintain harmony in their relationship. There’s no legal defense needed against a no-fault divorce claim. However, the divorce will only be granted once all financial matters, including spousal and child support, fair division of marital assets and liabilities, attorney fees, and expenses, along with issues of custody, have been settled. Selecting the appropriate grounds for divorce is an important first step in the process. The grounds chosen can impact the length, cost, and overall nature of the divorce proceedings. A divorce lawyer can provide valuable advice on which ground is most appropriate for your specific circumstances, considering the nuances of your situation and the potential implications of each choice. They can also help you understand the legal requirements for each ground and guide you through the process of filing for divorce on these grounds. Filing a Summons and ComplaintThe divorce process officially begins when you file a summons and complaint with the court. The summons informs your spouse that you are initiating a divorce action, while the complaint outlines the grounds for your divorce and your requests regarding property division, spousal support, child custody, and child support. When preparing these documents, it’s critical to be thorough and accurate. Any errors or omissions can potentially delay the divorce process or impact the final divorce judgment. A Manhattan divorce lawyer can help you prepare these documents accurately and efficiently. Serving Divorce Papers to Your SpouseAfter you have filed the summons and complaint, the next step is to serve the divorce papers to your spouse. This is an important step as it formally notifies your spouse of the divorce action and gives them an opportunity to respond. In New York, divorce papers must be served in person, unless the court grants permission for an alternate method of service. The papers can be served by a professional process server, a friend or relative over 18 who is not involved in the divorce, or by a sheriff or marshal. Navigating the Divorce ProceedingsOnce the divorce process has been initiated, there are several stages that you and your spouse will need to navigate. Each stage carries its own set of challenges, expectations, and legal requirements, making it crucial to understand what each involves. Responding to a Divorce SummonsIf you’re the spouse who has been served with a divorce summons and complaint, your first task is to respond. In New York, you typically have 20 days to respond if you were served personally and 30 days if the papers were served in any other manner. Your response, or answer, should address each of the statements in the complaint. You can agree or disagree with the statements, and you also have the opportunity to make your own requests regarding property division, alimony, child custody, and child support. Failing to respond in a timely manner can result in a default judgment, where the court grants the requests of the filing spouse. Therefore, it’s crucial to respond promptly and accurately, ideally with the assistance of a Manhattan divorce lawyer. Discovery Process in New York Divorce CasesThe discovery process is a crucial phase of the divorce proceedings in which both spouses disclose all relevant information about their finances, assets, debts, and other issues pertinent to the divorce. This process can involve written questions (interrogatories), requests for documents, depositions (sworn out-of-court testimony), and admissions of fact. It’s designed to ensure both spouses have all the necessary information to negotiate a fair settlement or prepare for trial. The assistance of a Manhattan divorce lawyer can be invaluable in navigating the discovery process, ensuring that all relevant information is disclosed and that your rights are protected. Negotiating SettlementsNegotiations are a key part of many divorce proceedings, as they allow spouses to exert more control over the outcome. Successful negotiation depends on a thorough understanding of each party’s rights, financial circumstances, and the best interests of any children involved. Understanding the Importance of NegotiationsNegotiations during a divorce process hold significant importance due to several reasons. They can control the outcomes, reduce stress, and fast-track the process. Here’s why this stage is crucial:
Key Areas for NegotiationDuring divorce negotiations, several key areas need to be addressed. These include property division, spousal support, and issues related to child custody and support:
Court Hearings and TrialThe progression of a divorce case often involves several court appearances and potentially a trial. These stages are crucial in shaping the outcome of the divorce. They include preliminary and final conferences and, if necessary, a divorce trial. Preliminary and Final ConferencesIn the initial stages of a divorce case, the court facilitates preliminary and final conferences to help streamline the case and encourage settlement. Initial ConferenceThe preliminary conference, often referred to as the initial conference, is the first formal court proceeding in a divorce case. The purpose of this conference is to:
Final ConferenceA final conference often occurs after the discovery phase but before a trial. The purpose of the final conference is to:
Divorce Trials in New YorkIf the parties in a divorce case cannot reach a settlement, the case goes to trial. The trial is a formal court proceeding where both sides present their cases and the judge makes a final decision. Trial PreparationThe preparation for a divorce trial is extensive. It involves gathering and organizing evidence, preparing witnesses, and creating a trial strategy. Both parties, typically with the assistance of their attorneys, work to build a robust case that supports their desired outcomes. Trial ProceedingsDuring the trial, each party presents their case. This involves presenting evidence, questioning witnesses, and making arguments to the judge. The judge listens to all the evidence and arguments before making a decision. Judgment and AppealsOnce the trial concludes, the judge makes a decision on all contested issues. This judgment is legally binding and sets the terms of the divorce. If either party disagrees with the judgment, they can appeal to a higher court. However, successful appeals are rare and typically require demonstrating that a clear legal error occurred during the trial. Getting the Legal Help of a Manhattan Divorce LawyerAsking for a divorce is a significant step that requires thoughtful consideration and preparation. It’s important to approach the conversation with clarity, empathy, and a willingness to navigate the subsequent stages carefully. Remember, your goal is to express your decision in a way that respects the feelings of your spouse and paves the way for an amicable divorce process. Your approach can significantly influence how smoothly the divorce process unfolds, affecting not just you and your spouse, but any children involved as well. A New York divorce attorney can be an invaluable ally during this complex process. From helping you prepare for the initial conversation to guiding you through negotiations, court hearings, or even a trial, a lawyer can provide the legal experience and support you need. Divorce is a challenging journey, but with the right approach and professional assistance, you can navigate it in a manner that respects everyone’s well-being and leads to a fair resolution. Contact the Law Office of Richard Roman Shum today at (646) 259-3416 to schedule a consultation with our Manhattan divorce lawyers. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/initiating-divorce-a-how-to-guide/ Navigating the complex world of child custody can be overwhelming for parents in New York City. Understanding the legal terminology and the implications it holds is crucial for ensuring the well-being and stability of children. One term that frequently arises in custody disputes is “full custody.” In this article, we will delve into the meaning of full custody in New York City, shedding light on its significance and the potential impact it can have on both parents and children. When facing a custody battle, it is vital to seek the guidance and support of a knowledgeable New York family law attorney. At The Law Office of Richard Roman Shum, our New York child custody lawyers can assist by providing invaluable assistance, explaining the intricacies of the various forms of custody, and helping parents understand the rights and responsibilities associated with those arrangements. Our team can guide you through the legal process, helping you prepare a compelling case to present before the family court. Contact us today at (646) 259-3416 to schedule a consultation. Definition of Full CustodyIn the context of family law, full custody, also known as sole custody, implies that one parent is granted the exclusive right and responsibility for making decisions about the child’s welfare. This includes making decisions related to the child’s education, medical care, religion, and other aspects of their upbringing. Full custody may consist of both physical and legal custody. Physical custody encompasses where the child primarily resides and who is responsible for their day-to-day care, whereas legal custody refers to the authority granted to a parent to make essential decisions for their child’s well-being. In some cases, a parent may be awarded full physical custody while still sharing legal custody with the other parent. In other cases, one parent may have both full physical and legal custody, limiting the other parent’s rights and responsibilities. Difference Between Full Custody and Joint CustodyThe main difference between full custody and joint custody lies in the distribution of decision-making authority and the child’s residence. In full custody, one parent has exclusive control over the child’s upbringing, including the right to make decisions about their education, healthcare, and religious practices. This parent also has primary physical custody, meaning the child resides with them most of the time. The non-custodial parent may have visitation rights but does not have the same level of control over the child’s life. On the other hand, joint custody allows both parents to share responsibilities for their child’s care and participate in the decision-making process. Joint custody can be split into joint physical custody, joint legal custody, or a combination of both. In this arrangement, both parents are expected to work together for the child’s best interests. Determining the suitable custody option for your family is a complex process, often involving negotiations, mediation, or courtroom trials. In New York, judges prioritize the child’s best interests when deciding custody matters. Factors influencing their decision may include the child’s age, parents’ ability to cooperate, each parent’s parenting skills, and any history of domestic violence or abuse. Full Custody vs Sole CustodyWhen parents decide to divorce or legally separate, they must establish child custody arrangements that prioritize the child’s best interests. There are various types of child custody, and it’s crucial to select the most appropriate option for your family’s unique circumstances. Both sole custody and full custody entail designating one parent as the primary authority figure. These custody arrangements are typically suitable when one parent is either unwilling or unable to sufficiently provide for the child. It’s important to clarify the distinction between full custody and sole custody, as these terms are often used interchangeably but carry different meanings. Full custody refers to a situation in which one of the parents, whether the mother or father, assumes all rights and responsibilities for the child. This means that one parent has complete authority over critical aspects such as medical care, education, religious upbringing, and other decisions related to the child’s upbringing. The parent with full custody holds both legal and physical custody. Sole custody, on the other hand, occurs when one parent has exclusive authority and responsibility for the child. In this case, the other parent holds no legal rights or responsibilities toward the child. The custodial parent is not required to consult with the non-custodial parent regarding matters such as the child’s medical care, education, and upbringing. Determining whether sole custody or full custody is more appropriate depends on your unique circumstances and what best suits your family’s needs. If you are contemplating either option, it is recommended to seek guidance from an experienced New York family law attorney who can offer advice tailored to your situation and the best interests of your child. Contact The Law Office of Richard Roman Shum today to schedule a consultation and gain the support you need. The Legal Process of Obtaining Full Custody in NYCObtaining full custody in New York City follows a legal process that involves several steps. It’s important to note that custody cases can vary depending on the specific circumstances and the best interests of the child involved. Here is a general overview of the process:
It’s important to consult with an attorney to understand the specific requirements and procedures in your case. Family law can be complex, and an attorney can provide guidance tailored to your situation to help you navigate the process effectively. Factors Considered by the Court in Custody DecisionsWhen it comes to determining custody arrangements in divorce or separation cases, various factors are considered to ensure the well-being and best interests of the child. Courts carefully evaluate multiple aspects of the parents’ lives and their ability to provide stability. In custody disputes, the court or voluntary agreement typically favors the parent who was initially awarded custody. If one parent has been primarily responsible for raising the child during a period when the other parent was absent from the home, the court will prioritize maintaining stability for the child by keeping them in their current living situation rather than switching custody to the other parent. Child Care ArrangementsWhen both parents have work obligations, the parent with better childcare arrangements is often given priority in custody decisions. If one parent can demonstrate significantly superior childcare arrangements compared to the other, it may influence the custody arrangement. Primary CaretakerThe parent who served as the primary caretaker of the child prior to the divorce or separation may be granted priority in custody disputes. For instance, if one parent dedicated substantially more time to childcare while the other parent worked or engaged in other activities, the parent who acted as the primary caretaker is more likely to be awarded custody. Drugs and AlcoholEvidence of substance abuse can impact the custody decision, with a parent struggling with drug or alcohol misuse being less likely to receive custody. The court will take into account the well-being and safety of the child when determining custody arrangements. Mental Health of the ParentsUntreated mental illness, personality disorders, emotional instability, or poor parenting skills may influence the custody award. A parent experiencing such conditions is less likely to be granted custody due to concerns about their ability to provide a stable and nurturing environment for the child. Physical Health of the ParentIf a severe physical illness or disability significantly hampers one parent’s capacity to care for the child, it may affect the custody decision. The parent suffering from such a condition may be less likely to receive custody, as the court considers the child’s well-being and the ability of each parent to meet their needs. Spousal AbuseInstances of domestic violence committed by one parent against the other, especially in the presence of the child, will have a considerable impact on the custody decision. The parent who engaged in abusive behavior is less likely to be awarded custody due to concerns for the safety and well-being of the child. Abuse, Neglect, and AbandonmentEvidence of child abuse, neglect, abandonment, or persistent interference with the other parent’s visitation rights can significantly influence custody arrangements. A parent who has been found to engage in such behaviors is less likely to receive custody, as the court prioritizes the child’s safety and welfare. Child’s PreferenceDepending on the child’s age, their preference to live with one parent may be taken into consideration. However, the court carefully examines the reasons behind the child’s preference. If the child’s choice is based on a parent who fails to provide proper discipline or set appropriate boundaries, the court may find that living with that parent would not be in the child’s best interest. Finances of Each ParentThe court considers the financial ability of each parent to provide for the child’s needs. If one parent is unable to afford suitable housing or meet the child’s basic necessities, it may negatively impact their chances of receiving custody. Conditions in the Home EnvironmentCourts prioritize placing the child in a safe and healthy environment. If one parent’s household poses potential dangers, such as a violent new partner, frequent parties, or hazardous items, it could affect the custody decision. The parent residing in an unsafe environment is less likely to be granted custody to ensure the child’s well-being. Educational OpportunitiesThe court may consider the educational opportunities offered by each parent. If one parent can provide significantly better educational options, such as access to an excellent school or meeting the child’s specific educational needs, it may influence the custody decision in their favor. Where the Child’s Siblings LiveCourts strive to keep siblings together whenever possible. If the child has siblings or half-siblings living with one parent, it may affect the custody decision, as maintaining sibling relationships is considered beneficial for the child’s well-being. Court’s Observations of the ParentsThe court pays attention to the behavior of both parents during court proceedings. They are more inclined to grant custody to the parent who demonstrates a willingness to foster a healthy relationship between the child and the other parent. The court values a cooperative and supportive attitude that prioritizes the child’s best interests and a stable and nurturing environment. Full Custody Modification in NYCIn New York City, child custody orders can be modified if there is a substantial change in circumstances or the current arrangement is no longer in the child’s best interest. This section will discuss when and how to request a custody modification, as well as options for enforcing a full custody order when a parent is not abiding by the terms. When to Request a Custody ModificationThere are several reasons a parent may need to request a custody modification. These can include changes in a parent’s living situation, employment, or health, or concerns about the child’s well-being and safety. Below are some examples of when a custody modification may be appropriate:
In such circumstances, the parent seeking the modification must prove that the change in circumstances warrants a change in custody and that the modification would be in the child’s best interest.
Working with a New York Child Custody AttorneyNavigating the complexities of child custody laws in New York City can be overwhelming, which is why seeking the assistance of a New York child custody attorney is highly recommended. An attorney widely experienced in family law can provide invaluable guidance and support throughout the entire custody process. At The Law Office of Richard Roman Shum, family law attorney Richard Roman Shum and our team of New York child custody lawyers may be able to help gather evidence, build a strong case, and advocate for your interests in court. We can represent you during negotiations and hearings, skillfully presenting arguments and ensuring that your concerns and desires are properly addressed. Contact The Law Office of Richard Roman Shum today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-the-meaning-of-full-custody-in-new-york-city/ Divorce is a profoundly transformative process that can change anyone, regardless of gender. However, it’s crucial to recognize that men often face unique challenges during divorce, from emotional struggles to financial complexities and child custody concerns. At The Law Office of Richard Shum, we understand that every divorce is unique, and we are here to provide skilled legal support tailored to your specific needs. If you’re a man going through a divorce in Manhattan, know that you don’t have to face this journey alone. Our experienced Manhattan divorce lawyers at The Law Office of Richard Shum can assist you in navigating the complexities of divorce. We can help provide information to protect your interests such as what can be used against you in a divorce and avoid potential pitfalls while taking into consideration fairness and equity for all parties involved. Our goal is to provide the legal guidance, support, and representation needed to achieve a smooth transition into the next chapter of your life. Reach out to us today by calling (646) 259-3416 or filling out our online form for a confidential consultation, and let us be your trusted advocate in this process. Together, we can work towards a resolution that prioritizes your rights, the well-being of your children, and your overall peace of mind. Unique Challenges of Men Going Through a DivorceMen undergoing divorce often encounter unique challenges that can be influenced by societal gender biases. While it’s essential to note that every divorce is unique, and not all men will experience the same difficulties, there are some common challenges that divorced men may face, along with the potential effects of gender bias:
These challenges are not inherent to men but can be influenced by societal norms and biases. Divorce should be approached with a focus on fairness and equity for all parties, irrespective of gender. Seeking legal advice from experienced divorce attorneys who understand these challenges can help men navigate the process effectively and ensure that their rights and interests are protected. Additionally, challenging gender biases and promoting open dialogue about men’s experiences during divorce can contribute to a more equitable and compassionate divorce process for everyone involved.
Preparing for DivorceGetting ready for divorce involves several critical steps. Before initiating divorce proceedings in Manhattan, it’s crucial to have a solid understanding of the divorce laws specific to the area. New York divorce laws can be complex, and knowing the legal framework will help you navigate the process more effectively. Some key points to consider include:
In addition, New York follows the principle of equitable distribution, which means marital property is divided fairly, though not necessarily equally. Understand how property division works and what assets may be considered marital or separate property. Familiarize Yourself with Your Rights and ResponsibilitiesUnderstanding your rights and responsibilities during divorce is essential. This includes knowing your entitlements, obligations, and potential consequences. Key aspects to consider include being aware of your rights and responsibilities regarding child custody, knowing your potential financial obligations, including child support and alimony (spousal support), and familiarizing yourself with the factors that impact the determination of support payments. Tackling these factors with a clear mindset becomes easier when you have a fair inkling of what they entail. Having at least a background of these points can help you be more aware of your options. Consulting a skilled attorney can also assist you in becoming more knowledgeable about your rights and responsibilities as a party in a divorce. Gather Financial DocumentationTo prepare for divorce proceedings, it’s essential to gather all relevant financial records and documents. This includes:
Create a comprehensive inventory of all marital assets and debts. This inventory should include detailed information about each asset’s value, location, and any associated debts. Having a clear picture of your financial situation will be invaluable during property division negotiations and legal proceedings. Find a Reputable Manhattan Divorce LawyerSelecting the right divorce attorney is a critical step in preparing for divorce. Consider the following when searching for a reputable Manhattan divorce lawyer:
Before proceeding with divorce, it is also crucial to establish clear goals and priorities. Consider what matters most to you, such as:
Having well-defined goals will help you and your attorney work toward achieving the best possible outcome in your divorce proceedings. Consider discussing your goals with your attorney to develop a strategic plan for your case. Protecting Your InterestsDuring a divorce, it’s essential to protect your interests in various aspects of the process. Here are key steps to safeguard your rights and financial well-being: Safeguarding Your FinancesOne of the first financial steps you should take when considering divorce is to open a separate bank account in your name only. This account will serve as a safe place for your income and allow you to maintain control over your finances. The separate account helps ensure that your income is not mingled with your spouse’s funds, which can be important when it comes to determining support payments and dividing assets. Having your own account also provides you with financial independence and ensures you have access to funds to cover your immediate needs. Monitor Joint Financial Accounts and CreditContinuing to monitor joint financial accounts and your credit is essential throughout the divorce process. Keep a close eye on joint bank accounts, credit card statements, and any shared financial responsibilities. Be vigilant for any unusual or unauthorized transactions. If you and your spouse share a credit card, it may also be crucial to obtain and review your credit report regularly to ensure there are no unexpected changes or inaccuracies that could affect your credit score. By staying informed and proactive, you can avoid being caught unawares by financial challenges and protect your interests during the divorce. Be Aware of the Different Types of Custody ArrangementsIn New York, several custody arrangements can be considered during divorce proceedings. Understanding these arrangements is crucial:
It is beneficial to consider the type of custody arrangement that best fits your family’s circumstances and causes the least negative impact on your children. Considering this aspect of your divorce allows you to plan ahead. In all child custody matters, the best interests of the children are the primary consideration. Factors considered include the child’s relationship with each parent, their emotional and physical well-being, and their stability in school and community. Focus on what is best for your children and work towards arrangements that support their needs, even if it means compromising on certain issues. Navigating Spousal SupportNew York has specific laws regarding spousal support (alimony). It’s crucial to understand these laws, including factors that may influence the amount and duration of alimony payments. Know the criteria for spousal support eligibility, including income disparities and financial needs. It would also help to be aware of how alimony payments are calculated, as this can vary based on your unique circumstances. Depending on your financial situation, you may be required to pay alimony to your spouse. Being prepared means anticipating the financial impact alimony payments on your post-divorce budget can have and seeking legal advice to fully understand your obligations and explore potential negotiation strategies. Managing Emotional Well-beingDivorce can be emotionally challenging, so it’s essential to seek support from friends and family who can provide a listening ear and emotional encouragement during this time. Don’t hesitate to share your feelings and concerns with trusted individuals who can offer empathy and understanding. If you find that the emotional toll of divorce is overwhelming, consider seeking professional therapy or counseling services. Therapy can provide you with coping strategies and emotional tools to navigate this difficult period. Explore options for individual or family therapy to address emotional and relationship challenges arising from divorce. Seeking counseling may also be beneficial for your children if they are struggling to cope with the divorce. Remember, their emotional well-being is paramount. By prioritizing your emotional well-being and seeking support when necessary, you can better navigate the emotional aspects of divorce and protect your overall interests during this challenging time. During the Divorce ProcessThe divorce process can be emotionally challenging and legally complex. To navigate it effectively, consider the following strategies and steps: Maintain Open and Respectful Communication with Your SpouseEffective communication with your spouse is key during divorce proceedings. Keep conversations respectful and civil, focusing on the issues at hand rather than personal attacks. When possible, work together to find mutually agreeable solutions, especially in matters related to property division, child custody, and support. Use Mediation or Negotiation When PossibleIn many cases, using mediation or negotiation to settle matters of child custody and support, alimony, and property division can be more amicable and cost-effective alternatives to litigation. Mediation and negotiation aim to minimize conflicts and encourage compromise, which can lead to more satisfactory outcomes. These methods can often lead to quicker resolutions compared to court litigation. Lastly, you have more control over the outcome of your divorce when you actively participate in mediation or negotiation. Listen to Your Attorney’s GuidanceYour divorce attorney is your advocate and legal expert. It’s essential to heed their advice and guidance throughout the process. Trust in your attorney’s knowledge of New York divorce laws and procedures. Make sure to provide your attorney with all necessary documents and information to support your case as this can help them make a comprehensive strategy that benefits your situation. Working closely with your attorney and being hands-on about the divorce proecss can help you make informed decisions regarding your divorce. Managing Stress and Self-CareDivorce can be a highly stressful experience. Implement self-care strategies to manage stress effectively. Studies have shown that going through a divorce often go through identity crises and turn to self-medicating with alcohol and drugs as a way to cope. Prioritize proper nutrition, regular exercise, and sufficient sleep to support your physical and emotional well-being. It is also common for men in high-stress situations to develop serious physical and mental health problems such as depression, high blood pressure, weight fluctuations, insomnia, fatigue, and anxiety. Sticking to a daily routine as much as possible to provide stability and structure during a period of change. Explore ways to reduce stress and, if you find yourself struggling to cope, consider seeking the assistance of a therapist or counselor to address emotional and mental health challenges. By implementing effective communication, following legal advice, prioritizing your children’s well-being, and practicing self-care, you can navigate the divorce process in accordance with New York divorce laws while minimizing the emotional and legal challenges that may arise. Post-Divorce TransitionAfter the divorce is finalized, it’s time to focus on moving forward and building a new chapter in your life. Here are important considerations during the post-divorce transition: Embrace the Opportunity for a Fresh StartWhile divorce can be challenging, it also offers an opportunity for a fresh start and personal growth. Approach your new life as a chance for personal development and new experiences. Take the time to rediscover yourself, your interests, and your passions outside of the marriage. Set New Goals and Aspirations for YourselfAs you transition into a new phase of your life, consider setting meaningful goals and aspirations. Establish achievable short-term goals that you can work towards immediately, such as improving your health or acquiring new skills. Think about your long-term aspirations, including career ambitions and personal achievements. Last but not least, align your financial goals with your new financial situation, ensuring that you’re on track for financial stability and success. Reevaluate Your Financial SituationPost-divorce, it’s essential to reassess your financial circumstances. For couples accustomed to having two incomes in their household, transitioning to only having a single income, especially with children, may be difficult. Create a detailed budget that reflects your current income and expenses. This will help you understand your financial position and identify areas where adjustments may be necessary. Most importantly, if you have acquired debt during the divorce process, develop a strategy for managing and reducing it over time. Create a Budget and Savings PlanA well-planned budget and savings strategy can provide financial security. Consider developing a realistic budget that includes necessary expenses, savings, and discretionary spending. Stick to this budget to ensure financial stability. It can also be beneficial to build an emergency fund to cover unexpected expenses and emergencies, providing peace of mind. Reevaluate your retirement savings plan to ensure you’re on track to meet your long-term financial goals. Maintain a Positive Co-Parenting RelationshipSuccessful co-parenting is crucial for the well-being of your children. Continue to communicate openly and respectfully with your co-parent about matters related to your children. Being consistent in parenting styles and routines between households allows you to foster stability for your children. Address any conflicts or disagreements amicably and consider seeking mediation if necessary. Keep the Best Interests of Your Children in MindMake decisions and choices that focus on what is best for your children’s physical, emotional, and psychological well-being. Be willing to adjust custody and visitation arrangements as your children’s needs and preferences change over time. Fulfill Your Legal ObligationsIf your divorce decree includes obligations such as alimony or child support, it’s essential to fulfill them as required by law. Make payments on time and in the specified manner outlined in the divorce decree. Maintain open communication with your co-parent regarding financial matters and payments. Know the Process for Seeking ModificationsKnowing the process for seeking modifications to court orders related to child custody, support, and alimony is essential for divorced men to adapt to changing circumstances. It allows them to protect their financial well-being, ensure the best interests of their children, and maintain legal compliance. Understanding this process provides peace of mind and ensures that court orders remain fair and equitable over time, allowing divorced men to navigate post-divorce life effectively. Understanding your legal obligations and the process for seeking modifications if circumstances change will help you navigate post-divorce life while adhering to New York divorce laws and ensuring the best interests of your children are maintained. Working with a Skilled Manhattan Divorce Lawyer From The Law Office of Richard Roman ShumIn divorce, men, like women, face a range of challenges, from emotional stress to complex legal matters. At The Law Office of Richard Shum, we believe in providing equal support and guidance to all individuals going through this difficult process. Our skilled Manhattan divorce lawyers are here to help you navigate the unique impact of divorce. If you’re a man going through a divorce in Manhattan, remember that you have the right to compassionate and effective legal representation. Our dedicated team at The Law Office of Richard Shum is ready to assist you in every aspect of your divorce, from child custody matters to financial negotiations. We understand the challenges you may be facing, and our goal is to provide you with the support and expertise you need to achieve a fair resolution. Contact us today by calling (646) 259-3416, and let us help you transition smoothly into the next chapter of your life. Together, we can work towards a divorce process that upholds your rights, prioritizes your well-being, and ensures a just outcome for all parties involved. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/divorce-advice-for-men/ Navigating the complex waters of divorce proceedings can often feel overwhelming, especially when faced with legal jargon that may seem foreign. One such term, “plaintiff,” carries significant weight in divorce proceedings. But who exactly is the plaintiff in a divorce? In the simplest terms, the plaintiff refers to the spouse who initiates the divorce process or files the divorce papers. However, this role entails more than just setting the ball rolling; it involves responsibilities and steps that can influence the entire course of the divorce. Understanding the role and responsibilities of the plaintiff is crucial to managing divorce proceedings effectively. If you’re considering filing for divorce in New York and would like to understand more about the role of the plaintiff, you should consult with an experienced divorce lawyer. At the Law Office Of Richard Roman Shum, our team of Manhattan divorce lawyers may be able to provide guidance tailored to your unique situation, ensuring you’re well-equipped to navigate the divorce process and make informed decisions. Contact us today at (646) 259-3416 to discuss your case and learn more about your rights and responsibilities as a potential plaintiff in a divorce. Legal Definition of the Plaintiff in New York DivorceWhen a marriage dissolves and partners part ways, typically, one spouse takes the lead in instigating the divorce proceedings. This spouse is referred to as the plaintiff in the divorce context, given their role in filing the divorce papers and initially presenting the case in court. Because of their initiating role, they are sometimes also called the “petitioner”. Conversely, the other spouse, who receives the divorce papers from the plaintiff, is designated as the defendant. They are required to sign these papers, leading to their alternate label as the “respondent”. Divorce Eligibility and RequirementsBeing the plaintiff in a divorce case isn’t merely about deciding to end the marriage. There are specific legal requirements that must be met. Residency Requirements for the PlaintiffOne of the primary eligibility criteria to file for divorce in New York is residency. The plaintiff must meet certain residency requirements. According to the New York Domestic Relations Law, at least one of the following conditions must be met:
If any of these conditions are met, the plaintiff is eligible to file for divorce in New York. Grounds for Divorce in New YorkGrounds for divorce are the legally recognized reasons for which a divorce may be granted. In New York, the plaintiff may file for divorce under fault or no-fault grounds. No-fault divorce, which became legal in New York in 2010, allows a spouse to petition for divorce if the marriage has been irretrievably broken for at least six months. This ground is typically used when both spouses agree to end the marriage and can be the least confrontational option. Fault grounds, on the other hand, require the plaintiff to prove specific wrongdoing by the other spouse. These can include:
Choosing the grounds for divorce is a critical decision as it can influence the course of the divorce proceedings and potentially affect the outcome on matters such as custody, support, and property division. Process of Filing for DivorceThe process of filing for divorce as the plaintiff begins with the preparation of the necessary legal documents. These typically include the Summons with Notice or the Summons and Complaint.
These documents must be carefully prepared, ensuring that all necessary information is included and presented accurately. Failure to do so can result in unnecessary delays or legal complications down the line. Filing the Documents with the CourtOnce the documents have been prepared, they need to be filed with the county clerk in the plaintiff’s county of residence. This process involves submitting the original documents along with any required copies and paying the requisite filing fees. Upon filing, the county clerk provides the plaintiff with an index number. This number is unique to the case and is used to track its progress through the court system. It’s important for the plaintiff to keep a record of this number and to include it on all subsequent documents related to the case. Serving the Divorce PapersAfter the documents have been filed and the index number obtained, the next step is to serve the divorce papers on the defendant. This process, known as service of process, is critical to ensuring that the defendant is formally notified of the divorce proceedings and given an opportunity to respond. In New York, the divorce papers must be served by someone who is not a party to the case and is at least 18 years old. This could be a professional process server, sheriff, or even a friend or relative. The service must be done personally, meaning that the papers are handed directly to the defendant. There are strict rules governing service of process, including timeframes within which the service must be completed and the manner in which proof of service is provided to the court. Failure to properly serve the divorce papers can result in the dismissal of the case. Waiting for the Defendant’s ResponseOnce the defendant has been served, they have a specific period (usually 20 or 30 days, depending on the method of service) to respond to the divorce papers. This response may involve agreeing to the divorce, contesting it, or submitting a counterclaim. During this period, the plaintiff must wait for the defendant’s response before proceeding further with the divorce. If the defendant does not respond within the specified timeframe, the plaintiff may be able to move forward with the divorce on a default basis, meaning that the divorce may be granted without the defendant’s participation. Filing for divorce as the plaintiff involves several key steps: preparing the necessary documents, filing them with the court, serving them on the defendant, and waiting for the defendant’s response. Each of these steps is crucial to the progression of the divorce proceedings and requires careful attention to detail and an understanding of the relevant legal rules and procedures. Responsibilities During the Divorce ProceedingsThe role of the plaintiff in a divorce case is not just limited to initiating the process. As the plaintiff, you have several responsibilities throughout the divorce proceedings that can profoundly impact the outcome of the case. These responsibilities span across legal and financial obligations, cooperating with the court, maintaining open and honest communication with your attorney, and attending court hearings. Legal and Financial ObligationsAs the plaintiff, you have an array of legal and financial obligations to meet. You’re required to provide accurate and complete information about your finances, including income, assets, debts, and expenses. This information forms the basis for various decisions, including the division of property, child support, and alimony. Misrepresentation or omission of financial details can lead to penalties and may adversely affect your case. You’re also legally obligated to follow court orders, such as temporary custody orders or restraining orders, regardless of your personal feelings or disagreements. Failure to abide by these orders can result in legal consequences and damage your standing in the court’s eyes. Cooperation with the CourtCooperating with the court is another crucial responsibility. This involves complying with all court rules and protocols, providing requested documents in a timely manner, and responding promptly to court correspondence. You may also be required to participate in mandatory mediation or counseling sessions as ordered by the court. These sessions aim to facilitate amicable resolution on contentious issues such as child custody or property division. Your willingness to cooperate in these sessions demonstrates to the court your commitment to the process and can work in your favor. Attorney CommunicationMaintaining transparent and regular communication with your attorney is crucial. As the plaintiff, it is your responsibility to keep your attorney informed about all relevant facts and developments. This includes changes in your financial situation, personal life, or any other significant events that could impact your case. Being open and honest with your attorney allows them to represent you effectively and strategize appropriately. Remember, your attorney is bound by attorney-client privilege, which means they cannot disclose your confidential information without your consent. Additionally, it’s important to be responsive to your attorney’s requests for information and to follow their advice. They have the legal expertise to guide you through the process and their advice is typically based on what is in your best interest. Attending Court HearingsFinally, attending all court hearings and meetings is a critical responsibility. Your presence is often required at various stages of the divorce process, such as temporary hearings, pre-trial conferences, mediation sessions, and the final trial. Your attendance not only demonstrates your commitment to the process but also gives you the chance to have your voice heard. Missing these hearings can delay the proceedings, and repeated absences can potentially lead the court to make decisions in your absence.
Challenges and Considerations for the PlaintiffFiling for divorce and navigating the subsequent proceedings can be fraught with challenges, both emotionally and legally. As the plaintiff, you must be prepared to handle these challenges and make critical decisions that can greatly impact your future. Dealing with Contested DivorceWhen the defendant contests the divorce, the proceedings can become more complex and potentially contentious. This may involve disputes over the grounds for divorce, disagreements over child custody or support, or conflicts over the division of marital property. As the plaintiff, you may need to gather evidence to support your case, work closely with your attorney to develop a legal strategy, and potentially prepare for a trial. Child Custody and SupportIf you and your spouse have children, matters of child custody and support can be among the most challenging aspects of the divorce process. As the plaintiff, you will need to consider the best interests of your children when making decisions about custody and visitation. You may also need to navigate the complexities of child support, which involves determining a fair and equitable amount of support based on the child’s needs and the parents’ financial resources. Division of Assets and DebtsOne of the key issues in many divorces is the division of marital assets and debts. This process can be complex, particularly in cases where the couple has significant assets or debts, or where there is a dispute about what constitutes marital property. As the plaintiff, you will need to provide a complete and accurate accounting of your assets and debts, and be prepared for negotiation or potentially litigation over these matters. Spousal Support (Alimony)Depending on the circumstances of your divorce, you may need to consider the issue of spousal support, also known as alimony. If you are seeking support, you will need to provide evidence of your financial needs and your spouse’s ability to pay. If your spouse is seeking support, you may need to provide information about your income and assets, and potentially challenge the amount of support requested. Advantages and Disadvantages of Being the PlaintiffWhen initiating a divorce, one must carefully consider the potential advantages and disadvantages. As the plaintiff, you set the course of the divorce but also shoulder certain responsibilities and challenges. Understanding these pros and cons can help you make informed decisions about your divorce proceedings. Advantages of Initiating the Divorce
Drawbacks to Being the Plaintiff
While being the plaintiff in a divorce case comes with certain advantages, it also has potential drawbacks. The decision to become the plaintiff should be based on your specific circumstances, and it’s advisable to consult with a legal professional before proceeding. Understanding the advantages and disadvantages can help you navigate the divorce proceedings more effectively and make choices that are in your best interest. Getting the Legal Help of an Experienced New York Divorce LawyerIn the field of divorce law, having a knowledgeable Manhattan divorce lawyer at your side can be beneficial. Whether you are the plaintiff or the defendant, understanding the specifics of your case, the legal jargon, and the demands of the court can be a complicated task. A competent divorce lawyer can break down these complexities, aiding you in making informed decisions that safeguard your interests. Going through a divorce necessitates support that goes beyond legal counsel. At the Law Office of Richard Roman Shum, our team of experienced Manhattan divorce lawyers may be able to provide this support, working towards the most advantageous outcome for you. There is no requirement to tackle this situation alone. Our team can help you traverse this challenging path with assurance and tranquility. Contact us today at (646) 259-3416 to schedule a consultation. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/who-is-the-plaintiff-in-a-divorce-in-new-york/ As parents, it is our duty to ensure that our children’s fundamental needs are met, including necessities such as food, clothing, shelter, healthcare, and education. When parents decide to end their marriage, child support becomes a crucial aspect in maintaining the well-being of the children involved. The non-custodial parent is responsible for contributing to the child’s welfare through financial assistance, ensuring that their needs continue to be met despite the separation. In New York, child support laws are designed to protect the best interests of the child and ensure they receive the proper care and support they deserve. Navigating these laws and regulations can be challenging, which is why it is crucial to seek the guidance of a qualified and experienced Manhattan child support lawyer. Don’t leave your child’s future to chance – contact the Law Office of Richard Roman Shum today at (646) 259-3416 for a consultation to ensure your child’s needs are protected during and after your divorce. The CSSA FormulaNew York’s Child Support Standards Act (CSSA) uses a formula to calculate each parent’s financial obligation to support the children. It applies to combined income above the poverty line and up to $143,000. Using the formula, each parent’s share of the combined gross household income is assigned a percentage, and that percentage is used to determine who pays how much. The calculation takes into account employment income, government benefits such as disability, rental income, and even cash gifts and lottery winnings. The law states that a basic child support amount be set at a fixed percentage of combined parental income, with the exact percentage depending on the number of children requiring support. For one child, the amount is 17%. Other percentages are:
For higher-income parents who exceed the $143,000 threshold, the court may use the percentages established by the CSSA, which usually results in a larger percentage of income being ordered in child support. This is based on the assumption of higher discretionary income. Alternatively, the court may consider factors like the parent’s financial means and additional needs of the child to arrive at a support order it deems fair. If I Make $1,000 A Week How Much Child Support Do I Pay?Child support in New York is computed through a structured formula. Generally, parents are obliged to make support payments determined by their income. This income encompasses various sources, including but not limited to pensions, fellowships, annuities, workers’ compensation benefits, unemployment, Social Security, retirement benefits, and additional income streams. Certain deductions can be made from this income, such as taxes, other child support obligations, expenses associated with operating a business, alimony commitments, or public assistance. There could be other applicable deductions depending on your circumstances. Once the income is established, it is multiplied by a specified percentage. The percentage fluctuates depending on the number of children the obligated parent must provide for. It is important to note that the level of support may differ from the recommended guideline amount, potentially higher or lower. To determine the exact amount of child support in a specific case, you would need to input all relevant information into the New York child support calculation formula, or consult with a legal professional who can provide more tailored advice based on your individual situation. A Manhattan child support lawyer can be your essential resource when navigating child support concerns in New York. At The Law Office of Richard Roman Shum, our lawyers can guide you through the complexities of child support calculations, ensuring that you understand your rights and obligations. We can work diligently to assess your unique financial circumstances, applying the latest state guidelines to calculate a fair and equitable child support arrangement. Contact us today and let’s secure a brighter future for your child. Modification of Child Support OrderEach party can file a petition for modification of the order of child support if there are changes in either of their circumstances. A modification petition must be filed by the party seeking to change the order. It should include a statement about the proposed change. A summons and the petition must be delivered to both parties. The court will then hold a hearing to make a judgment on whether the child support order needs to be changed. All orders paid to the Support Collections Unit are subject to an automatic review every three years. This review is done to see if there is any need for an adjustment in the child support order. The review will be done following the request of either party or in cases when the parent with custody of the child receives public aid. Each party is notified that they have the right to ask the Support Collections Unit for a review of an order and are also notified about any possible changes in the order. They may ask for a hearing before the Support Magistrate if they are not satisfied with the new order. Then, a new support order may be established. While it is possible to use a DIY form to make a petition for changing a child support order, speaking to an experienced child support lawyer can be very helpful. A skilled lawyer may be able to help you avoid making mistakes on the petition and can help ensure that you understand your rights and responsibilities in the child support order. Call the Law Office of Richard Roman Shum today to speak with a skilled child support lawyer. Can Parents Agree to No Child SupportChildren have the right to benefit from the income and standard of living of both parents, even if they no longer live together. Parents may create child support agreements outside of the Child Support Standards Act (CSSA) by reaching a stipulation outside of court. However, custodial parents are unable to waive child support completely, but they may agree on the amount of support as long as it meets the children’s needs and adheres to the CSSA guidelines. For an opt-out agreement to be valid, both parents must willingly and knowingly agree to the arrangement. The agreement must acknowledge the CSSA guidelines and include a copy of the CSSA guidelines chart for pro se parties. It must also state that a support order based on the guidelines would typically be correct. Furthermore, if the agreement deviates from the CSSA guidelines, it must include the amount that would have been awarded under the CSSA and the reasons for not providing for payment of that amount. If an opt-out agreement is not valid, child support will be established based on the CSSA. Therefore, it is vital for parents to work closely with their attorney to fully understand child support law and their child support arrangements. While parents cannot completely waive child support, they can agree on a different amount or arrangement outside the CSSA guidelines if specific requirements are met and the children’s needs are met. It is crucial to seek the guidance of a skilled New York child support lawyer to ensure that the agreement is valid and in the best interest of the children involved.
Your Ex Is Under-Reporting IncomeIf you’re convinced that your ex makes a lot more money than he or she is reporting, the court can investigate further. A judge has the authority to impute income to parents who are unemployed or appear to be reporting less money than they are actually making. Income imputation is commonly used when a parent appears to be remaining underemployed or even unemployed to avoid paying child support. Your Ex Won’t PayJust because a parent refuses to pay child support doesn’t mean it can’t be collected. The Child Support Enforcement Unit can garnish wages, claim a portion of unemployment benefits or a tax refund, and in extreme cases, seize the contents of a non-payor’s bank accounts. The parent could even lose their driver’s license and go to jail for refusing to obey a court order. Child support can be a complicated matter. At the Law Office of Richard Roman Shum, we can assist you in determining what you owe or can expect to receive, but if there are special circumstances or your ex is being deceptive about income, you want a diligent and determined attorney in your corner. We will help you get the support your children need or ensure that the amount you are being asked to pay is fair. For more information or to schedule a free and confidential consultation, contact us us today. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/new-york-child-support-what-every-divorcing-parent-needs-to-know/ Obtaining an order of protection can be a crucial step in ensuring your safety and well-being. An order of protection is a legal order issued by a court that prohibits an individual from engaging in harmful behavior towards another person, and it can provide vital protections for victims of domestic violence, harassment, stalking, or other forms of abuse. First, it is important to understand the legal basis for obtaining an order of protection in New York. The Family Court Act provides for two types of orders of protection: an order of protection in the family court and a criminal court order of protection. Family court orders of protection are typically obtained in cases where there is no pending criminal case, or where the alleged conduct does not constitute a criminal offense. In New York Family Court, the victim of abuse must file a Family Offense Petition, which alleges at least one of the available Family Offenses elaborated in the Family Court Act. If you are experiencing domestic violence or abuse in New York and need assistance obtaining an order of protection, please do not hesitate to reach out to our team of Manhattan family law attorneys at the Law Office of Richard Roman Shum. We are committed to advocating for victims of domestic violence and helping them obtain the legal protections they need to stay safe. Call us today at (646) 259-3416 to schedule a consultation. What is a Family Offense?Family offenses are defined in the Family Court Act as offenses committed between certain family or household members, including spouses, former spouses, persons related by blood or marriage, persons who have a child in common, and persons who are or have been in an intimate relationship. Family offenses include, but are not limited to:
Types of Orders of ProtectionWhen we have filed your Family Offense Petition describing how you have suffered one or more of the above Family Offenses, the Court may decide to hear from us Ex Parte, which means before having notified and without the participation of the alleged abuser. In cases of serious abuse, where the victim reasonably believes they are in danger of imminent harm, the Court may issue a Temporary Order of Protection to protect you. In those cases, the Court orders the Temporary Order of Protection and your Family Offense Petition be served upon the alleged abuser and sets a date for both parties to come to Court, in-person or virtually. Those papers may be served by a uniformed New York City Sheriff. How To Get An Order Of Protection In NY?A protection order is an official legal document issued by either a criminal court or a family court within the state of New York. Its purpose is to instruct an individual to cease engaging in harmful behavior towards you or to maintain a certain distance from you, and an attorney can assist you in pursuing this legal measure. In the Family Court, you, as the party seeking protection, are referred to as the “petitioner,” while the person causing problems is identified as the “respondent.” To initiate this legal process, it is recommended to consult with an attorney who focuses on family law. An attorney can help you navigate the complexities of obtaining a protection order. They can accompany you to the Family Court and work with the Family Court Clerk to obtain a Family Offense Petition. They can assist you in completing the petition comprehensively, ensuring that all relevant details are included, and can help you submit it on the same day. Once your attorney has submitted the family offense petition, they will work with you to prepare for a meeting with the judge. In urgent situations, your attorney can request a prioritized meeting with the judge to seek a temporary protective order until a formal court date is scheduled. If you have concerns about the safety of your children, your attorney will help you present these concerns to the judge during the meeting. During the meeting with the judge, your attorney will represent your interests. They will respond to the judge’s questions on your behalf and provide a clear explanation of why you or your children require a temporary order of protection. If there is a valid reason, the judge, based on your attorney’s arguments, will grant a temporary order of protection. Make sure to discuss with your attorney the coverage of the protection order to fully understand its implications. Subsequently, your attorney will work with you to prepare for a court date to determine whether the protection order should remain in effect. Both you and your attorney will attend this hearing, where your attorney will advocate for your continued safety and well-being. If you’re seeking an order of protection in New York, navigating the legal complexities can be overwhelming. At the Law Office of Richard Roman Shum, our skilled Manhattan family law attorneys can guide you through the process, ensuring your rights and safety are protected. We understand the urgency of your situation and can provide you with the guidance needed to secure the necessary legal measures swiftly. Contact us today to take the first step toward securing the protection you deserve. Evidence Required to Obtain an Order of ProtectionIn the court appearances that follow, we will have to use evidence to convince the judge to grant a Permanent Order of Protection. Case law and the Family Court Act provide guidance on the evidence required to obtain an Order of Protection in New York. “To prevail on her family offense petition, petitioner bore the burden of establishing, by a fair preponderance of the evidence, that respondent committed one of the enumerated family offenses set forth in Family Ct Act § 821 (1) (a)” (Matter of Allen v Emery, 187 AD3d 1339, 1340 [2020] [citation omitted ]; see Family Ct Act § 832; Matter of Marianna K. v David K., 145 AD3d at 1362; Matter of Elizabeth X. v Irving Y., 132 AD3d 1100, 1101 [2015]). “The question of whether a family offense has been committed presents a factual issue to be resolved by Family Court, and Family Court’s determinations regarding the credibility of witnesses are accorded great weight” (Matter of Allen v Emery, 187 AD3d at 1339 [citation omitted]; see Matter of Jasmin NN. v Jasmin C., 167 AD3d 1274, 1276 [2018]; Matter of Shana SS. v Jeremy TT., 111 AD3d 1090, 1091 [2013], lv denied 22 NY3d 862 [2014]). The evidence required may include, but are not limited to:
It’s important to note that hearsay evidence, which is generally an out-of-court statement offered to prove the truth of the matter asserted, may be admissible in family court proceedings for orders of protection. However, the admissibility of hearsay evidence in family court is subject to certain limitations and requirements, as established by case law. In conclusion, obtaining an order of protection in New York requires providing evidence of abuse or other family offenses. The Family Court Act provides for several types of family offenses that can be the basis for an order of protection. If you or someone you know is experiencing abuse or harassment, it is important to seek legal advice from an experienced family law attorney. At The Law Office of Richard Roman Shum, our team of New York family lawyers may be able to help you navigate the legal system and obtain the protection you need to stay safe. Contact us today at (646) 259-3416 to schedule a consultation. If you or someone you know is experiencing domestic violence, harassment, or other forms of abuse, you can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for help and support. via Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/understanding-the-evidence-required-to-obtain-an-order-of-protection-in-new-york/ When couples decide to divorce, one of the most important considerations is the division of assets and debts. In some states, such as California, the law requires that marital property be divided equally between spouses. However, New York operates under a different set of laws when it comes to property division in a divorce. In New York, marital property is divided based on the principle of equitable distribution. This means that property acquired during the marriage will be divided in a way that is fair and equitable, but not necessarily equal. The court will consider a variety of factors when making its decision, including the length of the marriage, the income and earning potential of each spouse, and the contributions made by each spouse to the marriage. Navigating the complexities of property division in a divorce can be challenging. Ensure your rights are protected and you receive a fair distribution of assets with the help of an experienced New York divorce lawyer. At the Law Office of Richard Roman Shum, our team of skilled Manhattan divorce lawyers can guide you through the divorce process in New York and advocate for your best interests. Call us today at (646) 259-3416 to schedule a consultation. Equitable Distribution StatesEquitable distribution is a legal concept that outlines the procedure for dividing marital assets and debts when a couple undergoes divorce. Despite its name, equitable distribution does not necessarily require an equal split of all marital property. Instead, the court takes into account a range of factors pertaining to the marriage and the contributions of each spouse. The court possesses significant discretion in determining how assets are allocated, with the primary objective of allocating the assets fairly rather than uniformly. Before the transition to equitable distribution in New York, the state operated under a common law property system. Under this system, the allocation of property in divorce cases was based solely on the name listed as the titleholder. If a property had one spouse’s name on the title, they were the sole rightful owner of that asset. However, New York now functions as an equitable distribution state, whereby the division of property in divorce proceedings is conducted with the aim of achieving fairness and justice for both parties involved. In the United States, the majority of states follow the equitable distribution when it comes to property division in divorce cases, although exceptions exist in the form of community property states. The states that follow community property include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, along with Puerto Rico, which also follows community property principles. In Alaska, there is a unique provision where couples have the option to choose whether their property will be considered as community property. This means that couples in Alaska can decide whether to follow the community property system or opt for another arrangement when it comes to the division of their assets in the event of a divorce. Seeking a fair and equitable resolution in a divorce case can be complex, especially in equitable distribution states like New York. At the Law Office of Richard Roman Shum, our experienced New York divorce attorneys can help you navigate the process and ensure that your assets are distributed fairly. We have a deep understanding of New York’s equitable distribution laws and are committed to protecting your rights and achieving a favorable resolution. Contact us today to schedule a consultation and take the first step toward a brighter future. Domestic Relations Law and Equitable DistributionThe New York Domestic Relations Law sets out the rules for the division of marital property in divorce cases. Section 236(B)(5)(d) of the Domestic Relations Law provides that marital property is to be divided based on the principle of equitable distribution. The law defines marital property as any property acquired by either spouse during the marriage, regardless of how the property is titled or held. The Domestic Relations Law also allows for separate property to be protected from division in a divorce. Separate property is property that is acquired by one spouse before the marriage, or property that is acquired by gift, inheritance, or personal injury award during the marriage. However, if separate property is commingled with marital property, it may lose its status as separate property and become subject to division in a divorce. The Domestic Relations Law sets forth the factors that courts consider when dividing marital property in a divorce. These factors include:
Case Law and Equitable DistributionThe New York courts have issued numerous decisions that provide guidance on how to apply the principle of equitable distribution in divorce cases. In the case of Grunfeld v. Grunfeld, the court emphasized that equitable distribution does not mean equal distribution and that the goal is to arrive at a result that is fair and reasonable under the circumstances of the case. Grunfeld v Grunfeld, 255 AD2d 12, 21 [1st Dept 1999] In another case, Majauskas v. Majauskas, the court established the principle that pension benefits earned during the marriage are marital property subject to division in a divorce. This decision has had significant implications for the division of retirement benefits in divorce cases. Majauskas v Majauskas, 61 NY2d 481, 486 [1984] While New York is not a community property state, the division of marital property in divorce cases is still an important and complex issue. If you are facing a divorce and are concerned about the division of your assets, it is important to work with an experienced family law attorney who can help you understand your legal rights and options. By understanding the principles of equitable distribution and the rules governing the division of marital property in New York, you can be better prepared to navigate the divorce process and protect your financial interests. At the Law Office of Richard Roman Shum, we offer experienced, quality legal assistance and services aimed at helping New Yorkers navigate the complexities of divorce and family law. 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-new-york-a-community-property-state-for-divorce/ |
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 |