Manhattan Divorce Attorney Richard Roman Shum Explains the Divorce Process in New York

NEW YORK, NY - Individuals seeking to end their marriage in New York must navigate a structured legal process that includes filing requirements, court procedures, and a final judgment. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum (https://www.romanshum.com/blog/what-is-the-divorce-process-in-new-york-like/) explains the steps involved in the New York divorce process and what individuals can expect regarding timelines and court appearances.

According to Manhattan divorce attorney Richard Roman Shum, New York law allows either spouse to file for divorce using either fault-based or no-fault grounds. The most commonly used ground is irretrievable breakdown of the marriage for at least six months, which requires no proof of wrongdoing by either party. "New York allows no-fault divorce under the irretrievable breakdown ground, but it also still recognizes fault-based grounds," explains Shum. Once filed, divorces follow a structured legal path through the Manhattan Supreme Court, where the court addresses property division and spousal maintenance under Domestic Relations Law Section 236(B) and decides child custody and child support under Domestic Relations Law Section 240.

Manhattan divorce attorney Richard Roman Shum notes that divorces fall into two categories based on whether spouses agree on all terms. Uncontested divorces occur when both parties agree on all major issues, allowing the process to move faster and cost less. In uncontested cases, spouses work with attorneys or a mediator to draft a settlement agreement, which is filed with the New York County Clerk's Office along with the divorce paperwork. Most uncontested divorces in Manhattan require no court appearances beyond potential preliminary conferences.

Contested divorces occur when spouses cannot agree on one or more issues. Attorney Shum emphasizes that these cases require court intervention and can involve discovery, depositions, motion practice, and trial. The court schedules preliminary conferences, compliance conferences, and settlement conferences to help narrow disagreements. If no settlement is reached, the case proceeds to trial before a judge at the Manhattan Supreme Court.

Individuals filing for divorce in New York must meet specific residency requirements. At least one spouse must have lived in New York continuously for two years before filing, or for one year if the couple was married in New York, lived in New York as a couple, or if the grounds for divorce occurred in the state. Both spouses can file immediately if they both live in New York at the time of filing and the grounds for divorce happened in New York.

The divorce process begins when one spouse files a Summons with Notice or a Summons and Verified Complaint with the court. The spouse who files becomes the Plaintiff, while the other spouse becomes the Defendant. New York law requires that the Defendant receive the divorce papers personally through service of process. "Service ensures the Defendant receives official notice of the legal action and has an opportunity to respond according to constitutional due process requirements," Shum notes.

After being served, the Defendant must typically respond within 20 days after personal service or 30 days after service is complete in other specified situations. The Defendant can file an Answer addressing each allegation in the Complaint, sign an Affidavit of Defendant agreeing not to contest the divorce, or fail to respond, which may result in a default judgment granting the Plaintiff's requests. Failing to respond carries serious consequences because the court can grant the divorce on the Plaintiff's terms without the Defendant's input.

For contested divorces that do not settle, the case proceeds to trial. Divorce trials in New York are bench trials, meaning a judge decides the outcome without a jury. Both attorneys deliver opening statements, and parties present evidence, including financial documents, property appraisals, and expert reports. Each spouse testifies under oath, and witnesses can be called and cross-examined. After reviewing all evidence and testimony, the judge issues a Decision and Order addressing all unresolved matters, including property division, debt allocation, custody arrangements, parenting schedules, child support, spousal maintenance, and attorney's fees.

The Judgment of Divorce is the final court order that officially ends the marriage. For uncontested divorces, the Judgment incorporates the Settlement Agreement. For contested divorces, the Judgment includes the court's decisions from the trial. After the judge signs the Judgment, it must be filed with the New York County Clerk's Office, which processes the paperwork and officially enters the Judgment as a public record.

Uncontested divorces in Manhattan typically finalize within three to six months, while contested divorces usually take nine months to eighteen months or longer. "Complex cases involving substantial assets, business valuations, custody disputes, or allegations of domestic violence can take two years or more to resolve," adds Shum. Settlement at any stage dramatically reduces the overall timeline.

For individuals navigating divorce in New York, understanding the legal requirements and procedural steps can help them prepare for what lies ahead. Contacting a divorce attorney may provide guidance tailored to individual circumstances.

About Law Office of Richard Roman Shum:

Law Office of Richard Roman Shum is a Manhattan-based law firm dedicated to divorce and family law matters throughout New York City. Led by attorney Richard Roman Shum, the firm represents clients in both contested and uncontested divorces in Manhattan and the surrounding boroughs. For consultations, call (646) 259-3416.

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

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