Manhattan divorce lawyer Richard Roman Shum (https://www.romanshum.com/blog/initiating-divorce-a-how-to-guide/), of The Law Office of Richard Roman Shum, has recently published an in-depth article titled “Initiating Divorce: A How-To Guide.” This comprehensive guide aims to assist individuals navigating the complex and often emotionally charged process of divorce.
Manhattan divorce lawyer Richard Roman Shum addresses the emotional, legal, and financial intricacies involved in asking for a divorce. “Divorce is one of the most challenging decisions a person can face,” Shum notes. “It’s a pivotal moment that marks the end of one chapter and the beginning of another. How you approach and communicate this decision can significantly impact the process.”
In the article, Shum provides a detailed overview of the divorce process in New York. He explains that either spouse can file for divorce in the state, which 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. Fault-based divorces, on the other hand, can be sought on grounds such as adultery, cruelty, abandonment, or imprisonment. Additionally, New York divorce laws include provisions for the equitable distribution of marital property, meaning the court divides marital property in a way that is fair but not necessarily equal.
Before filing for divorce, it’s crucial to understand New York’s residency requirements. At least one of the following conditions must be met: one spouse must have been a New York resident for a continuous period of two years before filing; if the couple was married in New York and one spouse has lived in the state for a continuous year, they can file for divorce; or if both spouses are residents of New York at the time of filing and the grounds for divorce occurred in the state, they can file irrespective of the length of residency. These requirements ensure that New York courts have jurisdiction over the case and can make legally binding decisions.
Shum also offers guidance on how to tell the spouse about wanting a divorce, emphasizing the need for clarity, compassion, and respect. He advises preparing emotionally, choosing an appropriate time and environment, and using “I” statements to express feelings without blaming the spouse. “It’s important to maintain respect and compassion throughout the process, despite the pain and difficulties,” says Shum. He also recommends avoiding discussions about asset division or custody during the initial conversation, as these logistical matters can be addressed later.
Preparation is a key aspect of the divorce process. Shum advises gathering essential documents, understanding marital assets and debts, and considering child custody and support arrangements. These steps can help make the process smoother and more manageable.
Initiating the divorce process involves choosing the appropriate grounds for divorce, filing initial legal documents, and serving divorce papers to the spouse. Shum explains that the chosen grounds for divorce can impact the length, cost, and overall nature of the proceedings. The process officially begins with the filing of a summons and complaint, followed by serving the divorce papers in person unless the court permits an alternate method.
For those contemplating divorce, understanding the legal requirements and seeking appropriate legal advice is crucial. Richard Roman Shum’s article provides a comprehensive guide to help individuals navigate these challenges, ensuring they are well-informed and prepared for potential legal proceedings.
About The Law Office of Richard Roman Shum:
The Law Office of Richard Roman Shum, based in Manhattan, New York, can offer dedicated legal services in family law. Led by Richard Roman Shum, the firm focuses on assisting clients with child custody, divorce, and other family-related legal matters. The team is committed to providing personalized legal support to help clients navigate complex legal issues and achieve favorable outcomes for their families.
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