Manhattan Divorce Lawyer Richard Roman Shum Shares Guidance on Initiating Divorce

Navigating the process of divorce can be overwhelming, but having the right information can make a significant difference. Manhattan divorce lawyer Richard Roman Shum (https://www.romanshum.com/blog/initiating-divorce-a-how-to-guide/) provides insight into the initial steps of filing for divorce and what individuals should consider when making this life-changing decision. In his latest guide, "Initiating Divorce: A How-To Guide," Shum outlines key aspects of the divorce process, including legal requirements, emotional considerations, and practical steps to take before filing.

At the Law Office of Richard Roman Shum, Esq, the team understands that initiating a divorce is a major decision that affects not only the individuals involved but also their families. The way a person communicates their decision to their spouse can set the tone for the entire process. Seeking legal counsel early can help navigate divorce law in New York and ensure that one's rights and responsibilities are clearly understood. A Manhattan divorce lawyer can assist in this process by providing guidance on various legal matters, including property division, child custody, and spousal support.

Understanding New York divorce law is crucial when beginning this journey. As outlined by Richard Roman Shum, either spouse can file for divorce in New York, with the state recognizing 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. Fault-based divorces, on the other hand, may be pursued on grounds such as adultery, cruelty, abandonment, or imprisonment. In either scenario, working with a Manhattan divorce lawyer can help individuals understand their options and take the appropriate legal steps.

New York law also has specific residency requirements for those seeking a divorce. At least one spouse must have lived in the state continuously for two years before filing. However, if the couple was married in New York and at least one spouse has resided there for one year, they may qualify to file. Additionally, if both spouses are New York residents at the time of filing and the grounds for divorce occurred in the state, the residency requirement is also met. Richard Roman Shum advises that meeting these requirements is essential, as they determine the court's jurisdiction over the case.

Another critical aspect of the divorce process is determining the type of divorce to pursue. Richard Roman Shum explains that there are two main types: uncontested and contested. An uncontested divorce occurs when both parties agree on all major issues, such as property division, child custody, and spousal support. This type of divorce is typically more straightforward and can be resolved without lengthy court proceedings. A contested divorce, however, happens when the spouses cannot reach an agreement on key issues, requiring the court to intervene. A Manhattan divorce lawyer can help navigate these disputes and work toward a fair resolution.

When preparing for divorce, gathering essential documents is a necessary step. Richard Roman Shum emphasizes the importance of collecting financial records, personal documents, and any legal agreements that may be relevant to the case. These records play a significant role in determining property division, child support, and other financial aspects of the divorce. Having these documents ready can streamline the legal process and prevent unnecessary delays.

Child custody and support are often among the most challenging aspects of divorce. Richard Roman Shum highlights that New York courts prioritize the best interests of the child when determining custody arrangements. Factors such as each parent's financial stability, living situation, and relationship with the child are considered in making custody decisions. Child support, which is determined based on state guidelines, ensures that the child's financial needs continue to be met after the divorce. Working with a Manhattan divorce lawyer can help parents navigate these matters while keeping the child's well-being at the forefront.

One of the most sensitive steps in the divorce process is informing one's spouse of the decision to separate. Richard Roman Shum advises that this conversation should be approached with clarity, respect, and compassion. "It's important to communicate the decision in a way that maintains dignity and allows for an open dialogue," he explains. He recommends choosing an appropriate time and setting for the conversation and avoiding discussions about asset division or child custody during this initial stage. The goal is to express one's intentions while minimizing conflict and emotional distress.

The legal process begins when a spouse files a summons and complaint with the court. This document officially notifies the other party of the divorce action and outlines the grounds for dissolution, as well as any initial requests regarding property division, child custody, and support. The spouse receiving the summons must then respond within a specific timeframe. Failure to do so could result in a default judgment, granting the filing spouse's requests without further negotiation. A Manhattan divorce lawyer can help ensure that all legal documents are properly prepared and submitted.

In cases where disputes arise, negotiations and mediation can be effective ways to reach an agreement without going to trial. Richard Roman Shum encourages couples to explore settlement options whenever possible, as they often lead to quicker resolutions and reduced legal costs. However, when disputes cannot be resolved through negotiation, court intervention may be necessary. A trial involves presenting evidence, questioning witnesses, and allowing the judge to make final decisions on contested matters. Having a knowledgeable Manhattan divorce lawyer during this stage can be crucial to protecting one's interests.

The decision to file for divorce is never easy, but taking the right steps from the beginning can make the process more manageable. Richard Roman Shum and his team at the Law Office of Richard Roman Shum, Esq provide support to those navigating divorce in New York, ensuring that clients understand their legal options and rights. Consulting with a Manhattan divorce lawyer early in the process can help individuals approach their case with confidence and clarity.

About Law Office of Richard Roman Shum, Esq:

The Law Office of Richard Roman Shum, Esq is a New York-based law firm committed to providing legal guidance in divorce and family law matters. Led by Manhattan divorce lawyer Richard Roman Shum, the firm assists clients in navigating divorce, child custody, spousal support, and property division. With a client-focused approach, the firm aims to help individuals make informed legal decisions while working toward fair and practical resolutions.

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Email: richard@romanshum.com

Website: https://www.romanshum.com/

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