Manhattan Divorce Attorney Richard Roman Shum Provides Divorce Advice for Men Navigating the Process in New York

NEW YORK, NY - Men facing divorce in Manhattan encounter specific legal and financial challenges related to custody, property division, spousal maintenance, and the emotional toll of the process, and understanding these issues early can significantly affect the outcome of a case. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/divorce-advice-for-men/) is providing guidance on the steps men should take to protect their rights and interests throughout every stage of the divorce process in New York.

According to Manhattan divorce attorney Richard Roman Shum, courts in New York decide custody based on the best interests of the child under Domestic Relations Law Section 240, and the law does not presume that one parent is a better caregiver based on gender. Fathers have equal rights to seek custody of their children, and active involvement in a child's life is one of the strongest factors in a custody determination. "Many men believe the system favors mothers, but New York courts evaluate custody based on each parent's ability to provide a stable home and the quality of the parent-child relationship," explains Shum. "Fathers who maintain detailed records of their involvement are generally better positioned."

Manhattan divorce attorney Richard Roman Shum notes that the first step for men considering divorce is to consult an attorney who can explain residency requirements, grounds for divorce, and how property division and custody apply to the specific situation. Under DRL Section 230, eligibility to file depends on the applicable residency scenario, and some situations require one year of continuous New York residence. Gathering financial documents early, including tax returns, pay stubs, bank statements, and mortgage records, strengthens a client's position during property division negotiations.

Attorney Shum emphasizes that New York follows equitable distribution under DRL Section 236(B), meaning courts divide marital property fairly based on the circumstances of each case rather than splitting assets equally. Marital property includes assets acquired by either spouse during the marriage, regardless of whose name appears on the title, encompassing real estate, retirement accounts, investments, and business interests. The New York County Supreme Court at 60 Centre Street in Manhattan evaluates multiple factors when dividing property, including the duration of the marriage, each spouse's income, and contributions to marital property. "If one spouse sells, transfers, or hides marital property, the court can factor that into the distribution," Shum adds. "Full financial disclosure is not optional."

Spousal maintenance in New York is addressed under DRL Section 236(B) and calculated using statutory guideline formulas applied to income up to a statutory cap. The duration of maintenance follows advisory guidelines based on the length of the marriage. For marriages lasting up to 15 years, the advisory range is 15 to 30 percent of the marriage length; for marriages of 15 to 20 years, the range increases to 30 to 40 percent; and for marriages exceeding 20 years, the advisory duration is 35 to 50 percent. These are advisory guidelines, and judges retain discretion to deviate based on case-specific factors including each spouse's earning capacity, age, health, and contributions to the marriage. Men who may be required to pay maintenance should anticipate the financial impact on their post-divorce budget and factor these obligations into long-term planning.

The team at the Law Office of Richard Roman Shum, Esq. advises that certain mistakes can significantly weaken a man's legal position during divorce. Attempting to hide or undervalue marital assets can result in penalties and an unfavorable property distribution. Failing to comply with court orders, including temporary custody arrangements and support payments, may lead to contempt of court charges. Decisions driven by anger or guilt often have lasting consequences, and impulsive actions such as large purchases or hostile communications with a spouse can damage a case. "Every decision during this process should be evaluated based on long-term interests, not short-term emotions," advises Shum.

The divorce process in Manhattan begins with filing a summons and complaint or a summons with notice at the New York County Clerk's Office at 60 Centre Street. Most couples file under the no-fault ground, which requires that the marriage has been irretrievably broken for at least six months under DRL Section 170(7). Fault-based grounds remain available under New York law, including cruel and inhuman treatment, abandonment for one year or more, and imprisonment for three or more consecutive years. Mediation and negotiation through attorneys can serve as effective alternatives to litigation, often resulting in faster and less costly resolutions when both parties can communicate constructively. A Qualified Domestic Relations Order may be necessary to divide retirement accounts properly, and an attorney can ensure these documents are prepared correctly.

Financial protection also requires proactive steps during the divorce process. Men should open an individual bank account to ensure access to funds for living expenses and legal fees, monitor joint financial accounts for unusual transactions, and compile financial records including tax returns from the past three to five years, retirement account statements, and outstanding debt records. Having these documents organized gives an attorney the information needed to advocate for fair property division and accurate support calculations.

For men facing divorce in Manhattan, consulting with a divorce attorney experienced in New York family law may provide clarity on legal rights and a clear strategy for protecting financial and custodial interests.

About Law Office of Richard Roman Shum, Esq.:

Law Office of Richard Roman Shum, Esq. is a Manhattan-based family law firm dedicated to divorce, child custody, property division, and spousal maintenance matters. Led by attorney Richard Roman Shum, the firm handles filings at the New York County Supreme Court and the Manhattan Family Court, serving clients throughout Manhattan and New York City. For consultations, call (646) 259-3416.

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Email: richard@romanshum.com

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

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