What is Grey Divorce?

Embarking on a grey divorce in New York presents a set of specific challenges that require careful navigation. The intertwining of years, often decades, of marital assets, retirement plans, and shared memories calls for a nuanced understanding of both legal and emotional landscapes. At The Law Office of Richard Roman Shum, our Manhattan divorce lawyer is attuned to the delicacy of these matters and offers the steady guidance needed to protect what matters most to you.

Understanding the importance of preserving your rights and dignity, we approach each case with a blend of legal acumen and empathy. Grey divorce can signify a new beginning, and our goal is to help you embark on this journey with the knowledge and legal strategy that reflect your individual needs and circumstances.

If you’re facing the complexities of a grey divorce, take a proactive step toward securing your future. Reach out to one of our seasoned Manhattan divorce lawyers at The Law Office of Richard Roman Shum, and let’s discuss how we can assist you in moving forward from this challenging time with the respect and attentive representation you deserve. We can assist in exploring an amicable approach to divorce and provide guidelines on how to initiate the divorce process. Your path to a new chapter starts with a conversation—let us be part of your support system as you navigate this significant life transition. Contact us today at (646) 259-3416 to schedule a consultation.

Defining Grey Divorce in Modern Society

Grey divorce, or later-life divorce, refers to the increasing phenomenon of older couples—often over the age of 50—deciding to end their marriages. While the term may not have a strict legal definition, it has become widely recognized in both social and legal contexts. In New York, as in other parts of the world, grey divorce presents unique challenges and considerations that differ from those faced by younger divorcing couples. These cases often involve long-term marriages where the partners have spent decades building a life together, resulting in complex entanglements of assets, retirement funds, and family dynamics.

The Rising Trend of Grey Divorce in the 21st Century

The trend of grey divorce has been on the rise in New York and across the United States. This can be attributed to various factors such as increased life expectancy, which gives individuals more time to consider their personal happiness and fulfillment well into later stages of life. Additionally, societal norms have evolved to become more accepting of divorce as a viable option for dissatisfied couples, regardless of age. As a result, the stigma that once surrounded divorce, particularly among older individuals, has diminished, leading to an increase in grey divorces.

Key Factors That Differentiate Grey Divorce

Grey divorces in New York are differentiated from other divorces by several key factors. Firstly, the financial implications can be significantly more complex due to the accumulation of assets and debts over a longer period of marriage. Division of property, including the marital home, investments, and retirement accounts, must be addressed with special care to ensure a fair and equitable distribution following New York’s equitable distribution laws.

Moreover, issues such as spousal support (alimony) take on new dimensions in grey divorces. In long-term marriages, there may be a greater likelihood of one spouse having foregone career opportunities for the sake of the marriage or family, which can lead to more substantial alimony settlements. Additionally, considerations around health insurance, medical needs, and life insurance become more pronounced, as parties must secure their health and financial well-being post-divorce.

Lastly, grey divorce can significantly impact family dynamics, particularly with adult children and potential grandchildren. While child custody and support are not typically central issues as they might be in divorces involving younger children, the emotional and relational consequences can be profound and require sensitive navigation.

Understanding grey divorce in New York requires a recognition of the distinct legal, financial, and emotional landscapes that govern these cases. Couples facing grey divorce must navigate a path that considers the culmination of a life’s worth of shared experiences and the division of a complex web of assets and liabilities. Legal guidance is recommended to manage these cases with the dignity and thoroughness they deserve.

The Causes Behind the Increase in Grey Divorces

The state of New York, mirroring national trends, has seen a notable rise in the occurrence of grey divorces. Understanding the catalysts behind this uptick is crucial for legal professionals and individuals alike, as they navigate the unique challenges of dissolving a marriage later in life.

Societal Shifts and Changing Attitudes Toward Marriage

As mentioned, one of the observed primary causes for the surge in grey divorces is the significant shift in societal attitudes towards marriage and individual fulfillment. The cultural landscape in New York has evolved to prioritize personal happiness and self-actualization, even in the later stages of life. This evolution in mindset has diminished the stigma associated with divorce, facilitating a more accepting environment for older couples to part ways if the marriage no longer serves their mutual interests or individual desires.

New York’s no-fault divorce law, which allows a marriage to be dissolved simply on the declaration that it is “irretrievably broken” for at least six months, also reflects and supports this societal shift. The ease of filing for divorce without the need to establish fault has likely contributed to the increase in grey divorces, as couples are no longer forced to stay in unhappy marriages due to legal complexities.

Financial Independence and Later Life Self-Discovery

Another contributing factor to the rise in grey divorces is the growing financial independence of older individuals, particularly women. As more spouses in New York have entered the workforce and built their own careers and retirement savings, they have gained the economic means to live independently. This financial autonomy allows individuals to consider divorce as a viable option, whereas in the past, economic dependency may have compelled them to remain in unsatisfying marriages.

Additionally, later life self-discovery and the pursuit of individual interests play a significant role. With children grown and retirement on the horizon, many individuals reassess their lives and wish to spend their remaining years pursuing personal goals or new relationships. This period of reflection can lead to the realization that their current partnership may no longer align with their renewed sense of self.

The Impact of Empty Nest Syndrome on Marital Stability

The concept of “empty nest syndrome” is well-recognized as a phase where parents experience feelings of sadness and loss when their children leave home. This transitional period can profoundly impact marital stability. For some couples, the departure of children can expose underlying issues in the marriage that were previously masked by the shared focus on child-rearing and family activities.

The newfound quiet and solitude can lead couples to reevaluate their connection and compatibility. In instances where the marriage was heavily centered around the children, spouses may find that they have grown apart or no longer share common interests. This realization can be a driving force behind the decision to divorce and seek a new beginning during the later years of life.

In New York, where individuals are accustomed to constant change and redefinition, grey divorces have become an avenue for reimagining life’s later chapters. Legal professionals practicing in grey divorce exercise special care in determining these causes and are adept at addressing the nuanced needs of clients who choose to part ways in their later years.

Cause of Grey Divorce	Description	Impact on Divorce Decision
Societal Shifts and Attitudes	The evolution towards valuing personal happiness and self-actualization has reduced the stigma of divorce.	Encourages older couples to consider divorce if the marriage no longer serves their interests.
No-Fault Divorce Law	Allows marriages to be dissolved without establishing fault, simplifying the legal process.	Reduces the barrier to divorce, contributing to the rise in grey divorces.
Financial Independence	Particularly for women, increased participation in the workforce has led to economic self-sufficiency.	Provides the financial means necessary for individuals to live independently post-divorce.
Later Life Self-Discovery	Post-retirement, individuals reassess their lives and may pursue personal goals or new relationships.	Can lead to the realization that one’s current partnership no longer aligns with their renewed sense of self.
Empty Nest Syndrome	The departure of children can expose underlying marital issues, previously obscured by child-rearing.	May prompt couples to reevaluate their connection and compatibility, often leading to divorce.

The Legal Process of Grey Divorce Explained

In New York, the legal process of grey divorce follows the same essential procedures as any other divorce, but the issues at stake often require more careful consideration due to the duration of the marriage and the age of the parties involved. Understanding how to navigate asset division, alimony, and retirement funds is critical for those facing a grey divorce.

Navigating Asset Division in Grey Divorce Cases

Asset division in New York is governed by the principle of equitable distribution, which aims to divide marital assets fairly, though not necessarily equally. In grey divorces, the process of asset division can become particularly complex due to the accumulation of assets over a long-term marriage. Couples may own a marital home, share business interests, and have multiple bank accounts, investments, and personal property that all need to be assessed and divided.

For grey divorces, a thorough valuation of all assets is imperative. This often requires the expertise of financial analysts and appraisers to ensure that the division is based on accurate and current valuations. New York courts will consider factors such as the duration of the marriage, the contributions of each spouse to the marital property, and the future financial circumstances of each spouse when making a determination.

Alimony Considerations for Long-Term Marriages

Alimony, known as spousal support in New York, is often a critical issue in grey divorces, especially when one spouse may have been out of the workforce for an extended period. In long-term marriages, there is a greater likelihood of a significant disparity in earning capacities, which can impact the duration and amount of spousal support awarded.

New York law provides guidelines for determining alimony but also grants judges considerable discretion to deviate from these guidelines based on the circumstances of each case. Factors that may influence alimony decisions in grey divorces include the age and health of the parties, their present and future earning capacity, and the need to adjust to the financial realities of living independently after the dissolution of a long-term marriage.

The Role of Retirement and Pensions in Grey Divorce Settlements

Retirement benefits and pensions are often among the most significant assets to be considered in a grey divorce. Under New York law, retirement accounts that were funded during the marriage are typically considered marital property and are subject to equitable distribution. This includes 401(k)s, IRAs, military pensions, government and private pensions, and other retirement assets.

Dividing these assets equitably can be intricate, as it requires understanding the present value of future benefits and ensuring that both parties maintain financial security in retirement. Special orders, such as Qualified Domestic Relations Orders (QDROs), may be used to divide retirement accounts without incurring penalties or unintended tax consequences. Additionally, considerations must be made regarding the timing of when a spouse can access these benefits, as well as the impact of early withdrawal penalties and tax implications.

In grey divorce cases, it’s not uncommon for parties to negotiate trade-offs, such as one spouse retaining a larger portion of the retirement assets in exchange for the marital home or other assets. Legal experience is essential in these negotiations to protect the interests of both parties and to ensure compliance with New York divorce law.

The legal process of grey divorce in New York requires careful legal strategy and financial planning. It is essential for divorcing individuals to seek experienced legal counsel who can guide them through the complexities of asset division, alimony, and the division of retirement benefits to secure their financial future post-divorce.

Challenges Unique to Grey Divorce Situations

Grey divorce in New York, as in other jurisdictions, presents a set of challenges that may not be as prevalent in divorces among younger couples. These challenges often revolve around health care considerations, estate planning, and the emotional difficulties associated with ending a long-term marriage later in life.

Addressing Health Insurance and Medical Care Concerns

One of the critical issues unique to grey divorce involves health insurance and medical care. For many older individuals, health insurance is often provided through a spouse’s employer. Upon divorce, the dependent spouse may lose this coverage, which can be particularly concerning for individuals with existing medical conditions or those who face increased health risks as they age.

Under New York law, a spouse who is covered under their partner’s health insurance plan may have the right to continue coverage under COBRA for a limited time following the divorce. However, COBRA can be expensive, and the coverage is not permanent. Therefore, negotiating health insurance coverage and future medical costs is often a significant aspect of the settlement. It’s not uncommon for these costs to be factored into spousal support calculations or asset division to ensure that both parties have access to adequate medical care post-divorce.

Estate Planning and Inheritance Issues in Grey Divorce

Grey divorce also necessitates a reevaluation of estate planning and inheritance issues. In New York, divorcing parties must consider the impact of their divorce on wills, trusts, powers of attorney, and health care proxies. These legal documents often name spouses as beneficiaries or decision-makers, and a divorce can significantly alter the intended outcomes of a person’s estate plan.

Parties must take proactive steps to update their estate plans to reflect their new marital status and ensure that their assets are distributed according to their wishes upon their death. This may involve creating new wills, updating beneficiary designations on life insurance policies and retirement accounts, and establishing new trusts, if necessary.

The Emotional Complexities of Divorcing Later in Life

The emotional aspects of grey divorce can be particularly complex. After many years of marriage, older couples have shared a lifetime of memories, raised children, and likely faced various life challenges together. The decision to divorce can bring a sense of loss, not just of the relationship, but of a shared history and identity.

Older individuals may also face concerns about loneliness, the fear of starting over late in life, and the reactions of adult children and grandchildren. New York courts, while primarily focused on the legal and financial aspects of divorce, may sometimes recognize these emotional challenges during proceedings, especially during mediation or collaborative divorce processes.

In addition, there may be societal pressures or expectations that can make it difficult for older individuals to discuss their decision to divorce openly. Counseling and support groups can be beneficial for addressing these emotional complexities and helping individuals navigate the often difficult transition into single life.

Given these unique challenges, parties going through a grey divorce in New York are encouraged to work with divorce attorneys, financial planners, and mental health professionals who have experience with the specific needs of divorcing older adults. This team approach can help address the comprehensive legal, financial, and emotional considerations of grey divorce, ensuring that both parties are supported throughout the process.

Protecting Financial Security During Grey Divorce

Ensuring financial security is a paramount concern for individuals going through a grey divorce in New York. As the division of assets can have a profound impact on each party’s lifestyle and retirement plans, it is essential to employ strategies for asset preservation and to understand the financial implications of the divorce, including those related to Social Security benefits.

Strategies for Asset Preservation and Retirement Planning

Asset preservation during a grey divorce involves careful retirement planning and financial strategizing. In New York, equitable distribution laws require that marital assets be divided fairly, but not necessarily equally. This means that individuals need to have a clear understanding of which assets are considered marital property and which are separate property.

To protect one’s financial interests, it is crucial to:

• Obtain accurate valuations for all assets, including real estate, businesses, investments, and retirement accounts.
• Understand the tax consequences of dividing these assets, as certain transactions could result in significant tax liabilities.
• Consider the liquidity of assets and how the division of property will impact cash flow and retirement planning.
• Evaluate whether keeping the marital home is financially sensible or if it would be more prudent to sell the property and divide the proceeds.
• Work with financial planners who specialize in divorce to create a post-divorce budget and long-term financial plan.

Understanding the Implications of Social Security and Grey Divorce

Social Security benefits often play a critical role in post-divorce financial planning for older individuals. In New York, as in the rest of the United States, Social Security benefits accrued during the marriage are considered when assessing each party’s financial future. However, Social Security benefits are not divided as part of the divorce proceedings since they are governed by federal law.

A divorced individual may be eligible to receive benefits based on their former spouse’s work record if the marriage lasted at least 10 years, they are at least 62 years old, and they are currently unmarried. Understanding these rules is essential for maximizing Social Security benefits and ensuring a stable income stream during retirement.

Negotiating Equitable Settlements for a Secure Future

Negotiating an equitable settlement is crucial for ensuring financial security after a grey divorce. It involves more than just dividing assets; it requires a comprehensive look at the long-term financial needs of both parties. In New York, the goal is to reach a settlement that allows both individuals to maintain a standard of living similar to that which they enjoyed during the marriage, to the extent possible.

Key considerations for negotiating a fair settlement include:

• Determining the need for and amount of spousal support, especially if one party has been out of the workforce for an extended period.
• Structuring the division of assets to account for each party’s health, age, and future earning capacity.
• Ensuring that any division of retirement assets is done through the appropriate legal instruments, such as QDROs, to avoid unnecessary taxes and penalties.
• Considering the cost of health insurance and long-term care and how these expenses will be covered.

Working with an experienced divorce attorney is essential for navigating the complexities of grey divorce in New York. Legal counsel can help negotiate settlements that protect an individual’s financial well-being while complying with New York’s equitable distribution laws and considering the unique circumstances of grey divorce.

The Social Dynamics of Grey Divorce

Grey divorce not only leads to significant changes in personal and financial aspects of life but also dramatically alters social dynamics for those involved. As older individuals in New York navigate the end of a long-term marriage, they face unique social challenges, including re-entering the dating scene, the need for a robust social support system, and the complexities of family dynamics, particularly involving adult children.

Re-entering the Dating Scene After a Grey Divorce

Post-divorce life often includes the possibility of new romantic relationships. Re-entering the dating scene can be both exciting and intimidating for those who have not dated in decades. Older divorcees must navigate a vastly changed dating landscape, often dominated by online dating platforms and new societal norms.

Older individuals may prefer more traditional means of meeting new people, such as community events, religious gatherings, or through mutual acquaintances. Regardless of the method, building new romantic connections requires patience, openness, and a willingness to step outside one’s comfort zone. It is essential to approach dating with a sense of self-awareness and clear boundaries, especially after experiencing a significant relationship’s end.

The Importance of Social Support Systems Post-Divorce

A strong social support system is crucial after a grey divorce. Such support can come from friends, family, community groups, or support groups for divorced individuals. In the wake of divorce, social networks may change, necessitating the development of new friendships and support structures.

In New York, there are numerous resources available for those going through a divorce, including counseling services, social clubs for single seniors, and community activities that provide opportunities for social interaction and support. Engaging in new hobbies, volunteering, or joining clubs can help build a new community and prevent the isolation that sometimes accompanies divorce later in life.

Navigating Family Dynamics and Adult Children’s Reactions

The reactions of adult children to their parents’ grey divorce can vary widely, ranging from understanding and support to shock, disappointment, or even anger. Parents may need to navigate complex family dynamics and address the concerns of their adult children, who may worry about the family’s future or their parents’ well-being.

It’s important for divorcing parents to communicate openly with their adult children, providing reassurance about both the decision and the future. It can be beneficial to involve a family therapist to help manage emotions and expectations as everyone adjusts to the new family structure. Taking steps to maintain family traditions and relationships, where possible, can also help in preserving a sense of continuity and stability.

The social dynamics of grey divorce in New York reflect broader changes in life circumstances and relationships. Those going through a grey divorce must be prepared to address these social aspects with sensitivity and a proactive approach to building a fulfilling post-divorce life.

Compassionate Representation and Professional Guidance From The Law Office of Richard Roman Shum

Navigating the landscape of grey divorce in New York requires a thoughtful approach, as it involves more than just the legal dissolution of a marriage. It’s about carefully unraveling the tapestry of shared life experiences, financial entanglements, and the emotional threads that have bound couples together for decades. Understanding these nuances is critical, and having a guide who is attuned to the implications of each decision can make a significant difference in the outcome.

At The Law Office of Richard Roman Shum, our Manhattan divorce lawyer is ready to listen to your story and advocate for your interests. We recognize that grey divorce is not just about the law; it’s about people and their futures. Our approach is grounded in compassion and backed by a thorough understanding of New York divorce laws and how they apply to the unique circumstances surrounding a divorce later in life.

When you’re dealing with the uncertainties of a grey divorce, it’s comforting to know you have a steadfast advocate in your corner. We are dedicated to guiding you through each step, providing clear explanations and practical advice to help you make decisions that will impact your financial security and personal well-being.

As you face this challenging time, remember that you don’t have to do it alone. The Law Office of Richard Roman Shum is here to offer support and legal guidance. Whether it’s determining the equitable distribution of assets, navigating retirement and pension plans, or simply understanding what your life will look like post-divorce, we’re here to help.

Take the first step towards securing your future today. Contact The Law Office of Richard Roman Shum for a consultation, and let us help you move forward with the knowledge and confidence you need to start anew.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-grey-divorce/

How Long Does a Divorce Take in New York?

Going through a divorce can be one of the most emotional and stressful experiences of your life. Especially when there are children involved, a divorce can have a deep psychological and personal impact on all parties. The last thing anyone going through a divorce would want is a prolonged process full of conflict. Aside from the psychological effects, a long divorce case can also cause bills to accumulate, with legal and court fees being of primary concern.

Not all divorces have to be contentious or dragged out, there are options that a couple seeking to divorce can explore to have a more amicable, and easy divorce process in New York. Having the assistance of an experienced Manhattan divorce lawyer should help make the legal processes surrounding a divorce more efficient. A skilled attorney who is experienced in mediation can also help in the de-escalation of conflict and improve negotiation.

In New York, understanding the timeline of a divorce is crucial for couples considering this significant life change. The duration of the divorce process can vary significantly, depending on factors such as the efficiency of the court system and the cooperation between the parties involved.

An uncontested divorce, where both parties agree on all terms, can be relatively quick. The duration for an uncontested divorce varies, with some resolved in as little as six weeks and others extending to six months or more. This timeframe is contingent upon the court’s schedule and the promptness with which your spouse returns the necessary documentation. Typically, an uncontested divorce can take about three months for the paperwork to be processed and filed with the court, depending on the court’s caseload.

On the other hand, when there are contentious issues or disagreements between the spouses, the timeline can extend significantly. Contested divorces may take several months or longer, as the resolution of complex issues such as child custody, asset division, and spousal support requires more time. In New York, there is no mandatory waiting period, but the presence of more disagreements prolongs the process duration.

It’s important for individuals to understand that each divorce case is unique, and estimating an exact timeline can be challenging. Consulting with an experienced Manhattan divorce lawyer can provide a more tailored estimate based on the specific details of your case and the circumstances surrounding your divorce. For personalized legal advice, schedule a consultation with the Law Offices of Richard Roman Shum today.

What Are the Factors That Contribute to the Length of a Divorce?

Divorce Mediation

Divorce mediation refers to the process of consulting a professional to discuss each spouse’s needs regarding the divorce. A mediator’s role is to facilitate the discussion between the spouses and to help them cooperate in discussing the terms of the divorce. Mediation is not meant to replace the divorce process and the couple still has the choice of whether to proceed with the divorce. Mediation may also not be effective for couples for which communication has deteriorated beyond repair. 

No-Fault Divorces

New York divorces fall under many different grounds. Grounds are legally acceptable reasons for which a couple can file for a divorce. A couple can get a no-fault divorce if their marriage has broken down irretrievably for at least six months. In this kind of divorce, a separation agreement is not required. The allegation that the marriage has broken down is enough. However, the divorce will not be finalized until the couple has come to an agreement regarding the following major issues in their marriage:

• Distribution of marital property
• Child support, custody, and visitation of any minor children
• Spousal support, also known as Maintenance 
• Legal fees and expenses

New York City divorce attorney

Legal Separation

If you and your spouse have been legally separated for a year through a binding separation agreement, you may be able to directly convert the agreement into a divorce. To obtain a judgment of divorce through separation, you will need to prove to the court that you and your spouse have followed the terms of the separation agreement for more than a year. 

However, it is crucial that you carefully construct the separation agreement to reflect your best interests. The court will not consider the separation agreement enforceable if it deems that there has been coercion, fraud, or unfairness in the agreement. Seeking the help of an experienced New York City separation agreement attorney may help you draft a document that will be honored by the court because of its fairness. 

Uncontested Divorce

If the couple is willing and able to compromise and agree on the terms of their divorce, the couple’s attorneys can move ahead in drafting the divorce documents and filing them in court. The only additional time needed in this type of divorce is the turnaround time of the court and whether they have a lot of backlogs. Uncontested divorces can take roughly three to six months to be finalized.

Contested Divorce

While not inevitable, sometimes a couple comes to the divorce table unable to work with each other. When a couple disagrees on a factor of the divorce, the divorce becomes contested. It can take longer for the divorcing couple to settle on the factors of their divorce. Both spouses will need to hire their own legal counsel specialized in contested divorces to represent their best interests. 

If a settlement is not reached, the case would have to be turned over to the court. The court will decide on the factors of the divorce on behalf of the spouses. A contested divorce may take 9 months on average, or more if a lot of the variables in the divorce are contested.

At-Fault or Fault-Based Divorces

A fault-based or at-fault marriage can be filed for cases where a spouse alleges and is able to prove that the other spouse did something to cause the dissolution of the marriage. At-fault grounds in New York include the following:

• Cruel and inhuman treatment –  Using these grounds for a divorce involves proving to the court that physical, verbal, emotional – and at times, financial – abuses happened during the last five years of your marriage. 
• Abandonment – This ground requires that your spouse must have abandoned you for at least a year. One kind of abandonment is physical abandonment, which involves being locked out or moving out of the marital home.
• Imprisonment for three consecutive years – If your spouse is sentenced to prison after your marriage and has been in prison for three years consecutively, you may use this ground to file for a divorce. A petition for divorce can be applied while your spouse is still in jail or up to five years after they are released.
• Adultery – Filing a divorce under grounds of adultery involves having to provide third-party evidence to the court. This may be especially difficult to prove without the help of an experienced New York City divorce attorney.

At-fault divorces and no-fault divorces can take roughly the same amount of time to conclude, depending on how capable the couple is of cooperation with one another. However, it is important to note that the longer a divorce is litigated, the longer it will take to conclude. Regardless of whether you are filing a no-fault or an at-fault divorce, the help of a skilled New York City divorce attorney will be beneficial in making sure the process goes as efficiently as possible. 

Negotiations and court proceedings can take a long time without an experienced Manhattan divorce attorney by your side. An attorney will also be aware of the changes in the laws and statute of limitations that you must follow to pursue particular at-fault grounds for divorce. 

At the Law Office of Richard Roman Shum, we provide qualified legal counsel and aggressive representation when needed to protect our client’s rights. Our experienced Manhattan divorce attorneys may be able to help you. Call us today at (646) 259-3416 or fill out our online form to schedule a complimentary consultation.

Factors	Description
Divorce Mediation	Discussion between spouses with the help of a professional mediator to agree on the terms of the divorce
No-Fault Divorces	Divorce filed without the need for a separation agreement, but requires an agreement on distribution of property, child support and custody, spousal support, and legal fees and expenses
Legal Separation	Divorce filed after being legally separated for a year through a binding separation agreement that reflects the best interests of both parties
Uncontested Divorce	Divorce that proceeds quickly if the couple agrees on the terms
Contested Divorce	Divorce where a couple disagrees on a factor of the divorce, requiring both spouses to hire legal counsel, and can take longer
At-Fault or Fault-Based Divorces	Divorce filed for cases where a spouse alleges and is able to prove that the other spouse did something to cause the dissolution of the marriage, such as cruelty or adultery
Children	Time taken to agree on child custody, support, and visitation agreement
Assets and Liabilities	Time taken to assess and distribute marital property and debt
Complex Assets and Liabilities	Time taken to distribute assets such as shares in a company, a marital-owned business, stocks, and foreign investments, or significant debt
Alimony or Spousal Maintenance	Time taken to determine the amount of financial support for the financially dependent spouse

How Much Does a Divorce Cost in NY

When couples in New York decide to part ways, one of the primary concerns involves the costs associated with a divorce. The cost of divorce in NY can vary greatly based on various elements:

Uncontested vs. Contested Divorce: An uncontested divorce in NY, where both parties mutually agree on all terms, is the most cost-effective route. The average cost is around $500, which covers filing fees and court costs. However, this cost can increase if parties need legal consultation or assistance with paperwork. The process of an uncontested divorce is also typically quicker, further reducing costs as it requires less involvement from legal professionals.

On the contrary, a contested divorce, where disagreements on terms persist, can substantially escalate costs due to court appearances, mediation, and potentially a trial. The cost could range from $3,000 to $30,000, or even higher, depending on the nature and number of contested issues, and the complexity of the case.

Child Involvement: When children are involved in a divorce, additional costs related to child custody and support arrangements may arise. These costs could include the expense of a child custody evaluator, who assesses the family situation and makes recommendations to the court, or fees for a Guardian ad Litem, a court-appointed individual tasked with determining the best interests of the child. The more contentious the custody dispute, the more time a lawyer needs to spend negotiating or litigating these issues, which drives up costs.

Attorney’s Fees: Legal representation forms a significant part of the overall cost of a divorce. The hourly rates for divorce attorneys vary based on the attorney’s experience level, reputation, geographical location, and the complexity of the case. While it may be tempting to save money by avoiding legal counsel, doing so can lead to unfavorable outcomes, especially in complicated situations.

Mediation or Collaborative Divorce: Mediation or collaborative divorces offer alternative, often less expensive, paths to traditional divorce. Both parties work together with a neutral third party (mediator) or their respective attorneys to resolve disputes. This method can save money by reducing court costs and legal fees, and by simplifying and speeding up the divorce process.

Court Fees: Court fees are an inescapable part of the divorce process. In New York State, these fees are typically around $350, although they can vary by county. There may also be additional costs for court services or for hiring a process server to deliver divorce papers. In some cases, parties may qualify for a fee waiver, which can help reduce costs.

Other Potential Costs: There are other potential costs in a divorce, such as real estate appraisals, psychological evaluations (if custody is contested), and costs associated with changing a name. Parties may also need to consider the cost of setting up separate households, the tax implications of divorce, and potential changes in health insurance coverage.

If you need help with divorce, creating a separation agreement, or resolving complex asset and liability issues, consulting an experienced New York City divorce attorney can ensure a smooth and efficient process. The Law Office of Richard Roman Shum provides competent legal counsel and representation to protect clients’ rights, and their experienced attorneys are ready to assist in making the process as efficient as possible.

Other Factors

The length of time your divorce may take can hinge on your and your spouse’s agreement or inability to agree on the matter of these variables. Discussing these factors is of utmost importance as these can affect your life even after the divorce has been settled. 

Children

If you and your spouse have children together, it is doubly important to make sure that they live their lives as uninterrupted and stable as possible. You and your spouse would also need to discuss matters involving child custody and support. A visitation agreement would also be necessary so that your child/ren could spend time with their other parent. Keep in mind that, even though you and your spouse are experiencing the end of your relationship, your child/ren may be experiencing the hurt even more. It is important to be as civil to your partner as possible, especially always in front of the children.

Assets and Liabilities

The distribution of marital property can be one of the most time-consuming processes in a divorce. Generally speaking, couples with more shared assets may have to take longer to decide who gets which property. It is important to keep in mind that it is not only assets that need to be distributed. Your marital debt would also need to be assessed to ensure that you and your spouse are paying your fair shares.

If you have a prenuptial or postnuptial agreement with your spouse, that can shorten the process considerably. Your nuptial agreements may accelerate the distribution of your assets and liabilities.

Complex Assets and Liabilities

Compared to real estate and assets like vehicles, some assets might be more complex to distribute. Such assets can include shares in a company, a marital-owned business, stocks, and foreign investments. 

If a couple has acquired a significant debt, it would also be subject to distribution unless the court decides against it. An example can be when a spouse has incurred debt for a third party that caused the dissolution of the marriage.

Alimony or Spousal Maintenance

In cases where one spouse is financially dependent on the other, a discussion of furnishing spousal support may be entered. This is especially true in cases where one spouse has given up their career to build a family and allow the other spouse to work. 

The court will decide on the amount of alimony the financially dependent spouse is entitled to through a careful evaluation of their employment history. The court can also calculate the amount using the potential salary the dependent spouse may have earned when they quit their career and how difficult it would be for them to restart it.

Consulting an Experienced New York City Divorce Attorney

There’s no need for your divorce to be arduous and prolonged. At the Law Offices of Richard Roman Shum, we are committed to helping couples move on from this difficult chapter of their relationship. Our skilled New York City divorce attorneys are here to assist you in making the process as efficient as possible. We are open to exploiting terms of negotiation but are prepared to provide aggressive litigation for your best interests. 

Contact us today at (646) 259-3416 to schedule an appointment with our skilled Manhattan divorce attorneys.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-long-does-a-divorce-take-in-new-york/

Is a Divorce Public Record?

People often worry about the accessibility of the records of their divorce proceedings. The question of whether divorces are public records does not have a one-size-fits-all answer, as the laws regarding the privacy of these records can vary greatly by jurisdiction. Parties involved in a divorce need to understand how these laws might affect the confidentiality of their divorce proceedings.

If you’re facing a divorce in New York and are uncertain about how your records will be handled, it’s crucial to consult with a knowledgeable divorce lawyer. At The Law Office of Richard Roman Shum, our team of Manhattan divorce lawyers may be able to guide you and help ensure that your privacy is protected throughout the process. For personalized advice and to understand your rights, call us today at (646) 259-3416 to schedule a consultation.

What are Divorce Records?

The phrase “divorce record” encompasses various forms of paperwork associated with the dissolution of a marriage. Knowing the specifics of what each type of record contains is crucial for those aiming to maintain their privacy to the greatest extent possible.

Different documents commonly recognized as “divorce records” include:

• Divorce Certificates: Issued by the state’s vital records office or health department, a divorce certificate is a formal document that summarizes the dissolution of a marriage. It includes only basic information such as the names of the divorcing parties, the location of the court where the divorce was granted, and the date it was made official. Individuals typically need a divorce certificate to confirm someone’s divorce status or to provide legal proof of their divorce.
• Divorce Decrees: This is the official court order that concludes the divorce proceedings. The content of a divorce decree can vary significantly. Some decrees are comprehensive, outlining detailed arrangements regarding asset division, alimony, child custody, and support. Others are more succinct, listing only the involved parties and referring to separate agreements that dictate the terms of the divorce.
• Divorce Court Records: These records represent the most exhaustive category, comprising the full suite of filings and documents in a divorce case, as well as transcripts and recordings of the court sessions. Divorce court records are a treasure trove of information, potentially revealing financial data, childcare arrangements, grounds for the divorce, and other personal details of the individuals involved.

Divorce Records	Description
Divorce Certificate	A formal document issued by the state’s vital records office, summarizing the dissolution of a marriage. Includes names, court location, and official date.
Divorce Decree	The official court order concluding the divorce proceedings. Content varies, from detailed arrangements (asset division, custody) to succinct listings.
Divorce Court Records	Comprehensive records including all filings, documents, transcripts, and recordings in a divorce case. Reveals financial data, arrangements, and personal details.

The Confidentiality of Divorce Records in New York

Unlike some jurisdictions where divorce records may be considered public information, New York treats these documents with a high degree of confidentiality. In New York, divorce records are sealed and are not available to the public. This means that the personal and often sensitive information contained within the divorce proceedings is protected from public scrutiny. The court is also allowed to redact sensitive information such as personal information or addresses of the individuals involved in the case. The sealing of these records is in place to preserve the privacy of the individuals involved, especially when sensitive allegations such as abuse, infidelity, or mental health issues are part of the court documents.

Who Has Access to Divorce Records in New York?

In New York, the accessibility of divorce records is highly regulated to respect the privacy of the individuals involved. As such, the ability to acquire these records is limited to a select group. The primary individuals who can request and receive a copy of a divorce record include:

• The parties who were formerly married to each other.
• The legal representatives of the divorced individuals.
• Any individual granted a court order from the State of New York.

Obtaining a court order to access someone else’s divorce records necessitates a valid, legal reason, as the court must be persuaded that a significant interest justifies such access. For instance, divorce details might be sought for cases that hinge on marital history, such as inheritance disputes or related court proceedings.

Circumstances for Unsealing Divorce Records

In certain exceptional situations, a court may decide to unseal divorce records or specific parts thereof. A notable instance is when a party requires the records for concurrent unrelated legal actions, where the court allows access to parts of the divorce records for use in a separate case.

It’s important to note that the sealing of a divorce decree does not obscure the case’s existence from public record searches. Unless specifically requested by legal counsel to maintain the confidentiality of the parties’ names, the fact that a divorce has occurred is publicly accessible, although the details of the proceedings might remain private.

Additionally, if there are court decisions on motions within the divorce case, these may be published and accessible. This extends to higher levels of the judicial process; should the divorce case be appealed, the appellate court’s findings and opinions are typically published.

How Do I Get Divorce Records In New York?

Navigating the process of obtaining divorce records in New York can be a straightforward task with the right information at hand. Below is an essential guide that outlines the steps and requirements for accessing both divorce decrees and certificates in the state.

Locating Divorce Judgments or Decrees

To retrieve certified copies of divorce judgments or decrees, you need to contact the County Clerk’s office where the divorce was finalized or the County Clerk in the county where the petitioner for the divorce resides. In many cases, the County Clerk’s office is situated in the same facility as the Supreme Court within the county. If the offices are separate, instructions to locate the County Clerk can be obtained from the Supreme Court clerk.

Certified Copies of Divorce Decrees

To obtain a certified copy of a divorce decree, you may either visit the County Clerk’s office personally or send a mail request. Access to these documents is restricted to the divorced parties, their legal counsel, or individuals with a specific court order. Attorneys must place their requests on the official letterhead of their company. 

The New York State Supreme Court directory provides the necessary contact details for supreme courts and county clerks across the counties. There is a fee for obtaining certified copies, usually starting at $1.30 for copying costs and $8 for certification, but the County Clerk’s office will provide the exact fee structure.

Requesting Divorce Certificates

Divorce certificates are maintained by the Department of Health’s Bureau of Vital Records and can be requested through several methods:

• Online or by phone: Quick and convenient access is often available through third-party websites that operate in partnership with the Department of Health.
• By mail: Applicants must complete the necessary form and include copies of their identification, along with payment via postal money orders, personal checks, or certified checks made payable to the New York State Department of Health. Cash is not accepted for mail requests.
• In-person: When requesting in person, the fee is $45, and you can pay with cash, money orders, or checks. Debit or credit card payments are not accepted.

Identification Requirements

Divorce certificates are classified as confidential. As such, only individuals directly involved in the divorce or those who possess a court order are permitted to request these documents. Valid identification must accompany all requests, which could include a driver’s license, state-issued photo ID, military ID, passport, or other official documents that verify the applicant’s name and address.

Availability of Records

The New York State Department of Health stores divorce certificates for divorces granted on or after January 1, 1963. For divorces that occurred before this date, only divorce decrees are available.

Getting the Legal Assistance of an Experienced Manhattan Divorce Lawyer

New York divorce records are not publicly accessible, reflecting the state’s commitment to the privacy of individuals during these often sensitive times. The confidentiality of these records ensures that the personal details and hardships experienced during the dissolution of a marriage are shielded from public scrutiny, providing a level of dignity and discretion to the involved parties.

If you are navigating through the complexities of divorce in Manhattan and have concerns about keeping your divorce records discreet, it’s crucial to have experienced legal guidance. At The Law Office of Richard Roman Shum, attorney Richard Roman Shum and our team of Manhattan divorce lawyers can offer you tailored advice and support needed to protect your privacy rights effectively. For personalized assistance and to ensure your divorce is handled with the utmost confidentiality, contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/is-a-divorce-public-record/

8 Tips for a Healthy Marriage Separation Process

No one wants a contentious separation. Many couples aim for the process to be as civil and amicable as possible but it’s no secret that the initial stages of separation can often be an ugly, stressful time. Couples who are in the process of separating are under a lot of pressure. This can be a recipe for disaster. If there are children involved, the process can feel impossible. 

However, with the right approach, your separation doesn’t have to involve a lot of conflict. The separation process can go smoothly as long as you and your partner are willing to work together. Working with a highly-rated Manhattan divorce lawyer on your separation plans can be helpful in ensuring the process goes smoothly.

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“Most kind and professional lawyer. A true gift. He saved me from the brutal claw of my management company and saved me a lot of money and pain.”

— Shira Arad ( via Google )

Here are some tips that may help you maintain a constructive relationship with your partner while you go through the process of separation:

1. Give Yourself Time To Process Your Emotions

If you’ve come to the conclusion that separation is the logical next step for your relationship, it’s safe to say that a lot of thought has already transpired. However, during this emotional time, it’s helpful to take things slowly and focus on your own well-being. This pause in your relationship can give you more bandwidth to digest this significant transition in your life. It can also help you understand what you would like to accomplish in your next chapter. 

Divorce lawyer in Manhattan

This may also mean having to physically move away from your spouse. If there are no safety concerns, it may be better to keep your children at home. This is to ensure that they remain in a stable environment. You may also want to explain to your children what is happening. Just make sure to keep it age-appropriate and seek the help of a professional if necessary. Seeking therapy for yourself, you and your partner, or for your family as a whole can be a good way to process your emotions about the separation.

Building a support network with your close friends can be beneficial. Make sure to only confide in people you trust to respect your decisions about the separation. Some people may want to give you advice and the advice may be coming from a position of goodwill, but decisions about your separation and your marriage should come from you alone.

It may also help to practice self-care and spend some time by yourself. Many couples forget that separating from their spouse is sometimes a way to rediscover themselves apart from the context of that relationship. It may also help to step back and see the forest for the trees; that is, to regain your perspective on the relationship. After having time to themselves, some couples find that they have a newfound appreciation for their spouse while others see more clearly the reasons why the relationship is not working anymore. Either way, time to process your emotions will let you set goals and resolve your decision to separate, whether it means getting back together or not.

2. Be Courteous to Your Spouse

Maintaining civility is important in working together. Having patience and understanding in discussing the matters of your separation can help set the tone for how the relationship will be down the line. It may be helpful to see your relationship during the separation as that of business partners. Being cooperative is essential in making sure any conflict is minimal.

Be careful not to badmouth your co-parent, regardless of whether in front of your children or not. It may also be tempting to share the changes in your life on social media, however, it can do more harm than good and can invite unwanted attention to you, your partner, and your children. 

3. Manage Your Expectations and Set Your Boundaries

Having a clear idea about what you and your partner expect about the separation would save you time and emotional bandwidth. You will need to discuss some important questions regarding your separation from your partner and taking your time with them is equally important.

• Are you looking to get back together as a married couple or do you expect the separation to end up in a divorce?
• How long do you see the separation lasting?
• Will you live apart the whole time or would you still be seeing each other?

You should also discuss your expectations about whether or not you will start seeing other people during the separation if you think that it will lead to a divorce. Even though you both are still legally married, it’s important to respect each other’s space. Discuss how you will communicate important information and follow through with what was discussed to avoid conflict.

“I was very impressed with how astute, detail oriented and methodical Richard is with his work. He is experienced, technically proficient, highly effective and an excellent negotiator, who is proactive and knows the law inside and out. Richard kept me informed regularly and was responsive to all my requests and queries. All the traits that any good lawyer worth his salt should possess.”

— Private Client (via Avvo.com)

Prioritize Your Children’s Needs

It goes without saying that, as much as you and your partner would be going through a difficult time as a couple throughout the separation, your children will be experiencing the repercussions of your decisions. Their status quo is different from yours and your spouse’s, the biggest difference being that they will not be able to move away on their own or make their own decisions. You and your spouse should make sure to keep your children’s best interests in mind when making decisions about the separation.

If you have children, developing a parenting plan with your spouse should be high on your priority list. You will also need to communicate effectively and be trustworthy to make it work. Keeping your word when making plans with your spouse is important in showing that you are committed to making the partnership work even during the separation.

4. Audit Your Finances

When you separate, it can be easy to overlook everyday things like utilities, rent, and assets you and your spouse may have. While they may pale in comparison to the bigger picture of your relationship, it is still important to take note of them as they will factor into your separation if one of you chooses to move away. As a married couple, you likely have some property shared with your spouse, such as real estate, a car, a business, or joint bank accounts. Dealing with the division of property is necessary, even if you only intend to separate temporarily. Not discussing these issues and operating on assumptions can create resentment and discord. 

Do not use the separation as an opportunity to go behind your partner’s back and spend money on big-ticket items. As tempting as it would be to suddenly blow your savings on a new sports car or a vacation, it’s important to be conscious of your finances as you may be looking to transition from a one-household to a two-household family.

5. Explore Other Sources Of Help

Getting advice from a qualified professional can make a big difference when dealing with a separation. Even though you may still be friendly and able to come to agreements with regard to matters of your relationship, you may still be experiencing stress and anxiety. It’s normal to feel uneasy about an uncertain future, as a lot of things are changing. By consulting with a doctor or a therapist, you may be able to alleviate some psychological and emotional burdens. 

Keep in mind that your mental well-being is just as important as your physical health. You will be better equipped to deal with the challenges your separation brings if you are emotionally prepared.

Your children will also need the same kind of support. Validating their feelings about the separation and letting them express their emotions will help them be better adjusted to the change in family dynamics. Treat your children in the same way you would like to be treated.

“In both cases attorney Shum was great to work with. Navigating both of these situations was, at times, confusing. Attorney Shum made the details of both matters easy for me to comprehend.”

— Dylan J. (via Avvo.com)

6. Seek The Help Of A Family Mediator Or Family Law Attorney

Before signing a separation agreement, you should consult with an experienced family law attorney to make sure your bases are covered. Even if divorce is not on the table, a family law attorney can review your agreement and make sure that it is legally binding. 

Looking for an attorney that would fit your needs may not be as easy as you think. Choosing the right lawyer is not a one-size-fits-all matter.  If you and your partner are looking for a more collaborative approach in pursuing your separation, you may want to consider hiring someone experienced in mediation. On the other hand, if you and your spouse are prone to conflict on key issues of your marriage, you might want to approach a lawyer who is aligned with more aggressive forms of dispute resolution.

The ‘right’ lawyer for your situation should be someone who would evaluate your particular set of circumstances and work towards a resolution that would be aligned with your goals. 

7. Explore The Options For A Friendlier Divorce 

If you and your spouse decide to make your separation final and move forward with your divorce, your lawyer should be able to help you make arrangements with that in mind. If the terms of your separation agreement still stand, you may be able to use it as a guideline for your divorce agreement as well. 

As a friendlier divorce option, you and your spouse can opt to have an uncontested divorce if both of you can agree on key parts of your divorce. These include child custody and visitation, spousal support, and property distribution. If during your separation you and your spouse find something that you cannot agree on despite legal or counseling help, your divorce would be considered contested. In a contested divorce, a judge would decide on the key aspects of your divorce you and your spouse don’t agree on. A contested divorce typically takes more time to settle than an uncontested divorce as there are more things to take into consideration.

An experienced New York City divorce attorney should be able to provide you with information and help you decide which kind of divorce fits your case more appropriately. 

8. Exercise Patience

Above all, it’s important to be patient while you are going through such a difficult time. It’s common for people undergoing a separation to feel frustrated about their spouse, their children, or about how slow the processes involved can be. A surefire way to disappointment and heartbreak is rushing through the motions of a separation. With patience, you can start the process of healing and move on without feeling pressured to accept the convenient options. You need time to be able to process the changes this new stage in your life will bring. 

The good news is that you are not alone. By choosing to try and work with your partner in making your separation process an amicable one, you have gained the help of someone in the same boat as you are. Help is always available and you should not feel ashamed to ask for it.

Acknowledge that you are both going through a stressful time and give yourself the opportunity to adjust. If you have children, it may be a good idea to remain open to any questions they may have about the separation. 

Each case is different, and some cases may be more difficult than others, but by following these tips, you may be able to proceed with your separation process in a friendlier and more stable manner. 

Cooperation with your partner is key and there may be days when working together is hard but separation does not need to involve degrading your relationship further. 

“Attorney Richard Shum assisted my family and I with a very difficult landlord. At a time of a lot of concern and uncertainty, Mr. Shum was there for us every inch of the way, his confidence and vast knowledge of the law, together with his passion for it and for helping people, provided us the serenity to go on about our life, while he took care of they daunting matter.
At the end we reached an agreement only Atterney Shum could achieve.
Since I recommended his service to any friends that is in need of help with legal matters, from Landlord/Tenant to family court, and in every case I receive a thank you call from said friends, following the successful outcome he provided.
So, as I say to my friends, if you need an Attorney that will fight for you, and not stress you out, call this guy. you will thank me.”

— Gaby Savransky ( via Google )

What is Separation of Marriage

Marriage separation, also referred to as legal separation, is a recognized arrangement by the courts in New York. It involves a married couple living apart while adhering to the terms outlined in a separation agreement. This agreement is typically created with the assistance of attorneys and covers various aspects such as child custody, alimony, and division of property. It is important to note that legal separation does not terminate the marriage; instead, it provides a formalized structure for the couple to live apart while still being married.

During a legal separation, couples have the opportunity to reconcile at any time. However, if the separation persists for a year, either spouse can request the court to convert the separation into a divorce. It is crucial to recognize that legal separation can be just as complex as a divorce, and the decisions made during this period can significantly impact future outcomes.

Navigating a marriage separation in New York requires a solid understanding of the legal system. Engaging the services of a skilled Manhattan divorce lawyer can be crucial during this process. They can offer skilled guidance, draft and review separation agreements, and advocate for your best interests in court. At The Law Office of Richard Roman Shum, our team may be able to help alleviate the emotional difficulties and guide you through this challenging period with a strategic and clear approach.

Is Separation Good For a Marriage?

The decision of whether or not separation is beneficial for a marriage is a complex one, and it depends on various factors unique to each couple’s situation. Nevertheless, it is important for couples who are considering separation to approach the process in a healthy and constructive manner.

Taking the time to process emotions and seek support from trusted sources such as therapists is crucial. This can help couples gain clarity on what they hope to achieve in the next chapter of their lives, whether that involves reconciliation or not. Couples should also prioritize their children’s needs and work together to create a parenting plan.

To minimize conflicts and achieve positive outcomes, couples should practice civility and patience. They should avoid speaking negatively about their co-parent and refrain from sharing personal information regarding the separation on social media.

By taking a collaborative approach and communicating effectively, couples may find that separation can be a vital step towards a healthier relationship or an amicable divorce. Following the tips provided in this article can help couples navigate the separation process in a constructive and positive way.

If you are considering a separation, it is important to have the right legal representation to guide you through the process. A skilled Manhattan family lawyer can provide valuable advice on your legal rights and help you make informed decisions.

Tip	Course of Action
Take Things Slowly to Process Your Emotions	Give yourself time to digest the transition, seek therapy, build a support network, and practice self-care.
Maintain Civility and Patience	Be courteous to your spouse, avoid badmouthing them, and see your relationship as that of business partners.
Set Clear Expectations and Boundaries	Discuss important questions with your partner, set expectations and boundaries, and prioritize respect for each other’s space.
Keep Your Children’s Best Interests in Mind	Develop a parenting plan, communicate effectively, and validate your children’s feelings.
Manage Your Finances	Deal with the division of property, take note of shared assets, and be conscious of your finances during the transition.
Seek Support from Qualified Professionals	Consult with a doctor or therapist, seek similar support for your children, and consider mediation or legal help.
Exercise Patience and Openness	Take your time to process the changes, remain open to questions, and acknowledge the stressful time.

What Not To Do When Separating From Your Spouse?

When facing separation, it is essential to navigate the process thoughtfully and legally. First and foremost, do not hastily vacate the family home unless you or your children are in danger, as doing so can diminish your stake in the property. Violence or even the threat of violence towards your spouse can severely damage your custody case and lead to additional legal expenses. For the sake of your children, keep them shielded from the conflict. Do not involve them in the separation issues or use them to convey messages to your spouse.

Furthermore, it is vital to support the ongoing relationship between your children and your spouse, provided there is no risk of harm. Financial integrity is also key; do not alter the status quo by emptying bank accounts or misusing credit lines, as this could provoke punitive court measures. Similarly, cutting off a financially dependent spouse is ill-advised, given the potential for retroactive support orders.

Resist the urge to vent on social media; such public disclosures can turn against you in court. Also, avoid signing any legal documents or making informal agreements without a lawyer’s advice to ensure you fully understand your rights. Refrain from making significant purchases or disposing of marital assets before finalizing a separation agreement, as these actions can affect your financial obligations and damage your credibility in court proceedings.

Consult with an experienced New York City family law attorney if you and your partner are looking for a friendlier way to separate.

At the Law Office of Richard Roman Shum, we offer qualified legal assistance in matters of divorce, mediation, and family law. Contact us today at (646) 259-3416 to schedule a free consultation with one of our skilled New York City family law attorneys.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/8-tips-for-a-healthy-marriage-separation-process/

What is Pendente Lite?

Pendente lite, a Latin term meaning “pending the litigation,” refers to temporary court orders that are in effect while a divorce or family law case is ongoing. These orders are designed to provide stability and support for the less financially stable spouse during the divorce process. Pendente lite orders are a critical aspect of divorce law, providing temporary relief to address immediate needs until a final order is put in place.

If you’re facing the complexities of a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. This is where the strategic guidance of The Law Office of Richard Roman Shum comes into play. With a skilled New York City divorce lawyer such as Richard Roman Shum advocating for you, you’ll gain invaluable insights and a strong voice in crafting a pendente lite order that reflects your needs and interests.

Whether it’s securing an equitable arrangement for spousal support, ensuring consistency for your children, or protecting your business interests, our approach is designed to provide a guiding light to your most favorable outcomes. At The Law Office of Richard Roman Shum, we understand the full potential of pendente lite orders and their long-term implications. Reach out to The Law Office of Richard Roman Shum today, and let us fortify your case with the power of knowledge and experience. Call (646) 259-3416 to schedule a consultation.

Pendente Lite: An Overview

In the context of New York family law, pendente lite refers to the various temporary orders that a court can issue after a divorce action has been filed, but before the final judgment is granted. These orders can cover a wide range of issues, including child custody, spousal support, child support, and exclusive use of the marital home. The primary intention behind pendente lite orders is to maintain the status quo and ensure that both parties are financially and emotionally supported during the divorce proceedings.

The Origins and Legal Basis of Pendente Lite Relief

Pendente lite relief stems from the inherent powers of New York courts to provide immediate and necessary relief to parties in a divorce. New York courts are empowered by the Domestic Relations Law to issue pendente lite orders. The legal basis for these orders is to prevent prejudice to one party by the actions of the other during the divorce process. For instance, if one spouse was the primary breadwinner, pendente lite support ensures that the other spouse and any children of the marriage are not left without financial resources.

Key Purposes of Pendente Lite Orders in Divorce Cases

There are several key purposes behind the issuance of pendente lite orders in New York divorce cases:

• To Provide Financial Support: A common use of pendente lite orders is to provide temporary spousal support (alimony) and child support to ensure that the lower-earning or non-earning spouse can maintain a reasonable standard of living throughout the divorce process.
• To Establish Custody Arrangements: Pendente lite orders may include temporary custody and visitation arrangements to ensure the well-being of the children involved.
• To Preserve Marital Assets: These orders can prevent the dissipation of marital assets by either spouse, ensuring that property division upon divorce is fair and equitable.
• To Address Immediate Needs: Pendente lite can cover anything from who will remain in the family home, to who will pay for ongoing expenses such as health insurance, mortgages, and car payments.

Pendente lite orders play an essential role in New York divorces, offering temporary solutions to urgent issues and preventing unnecessary hardship for the less financially secure spouse and children involved. The courts take great care in considering the immediate needs of both parties when crafting these orders, always with an eye towards fairness and maintaining the status quo until a final divorce decree is issued.

How to File a Pendente Lite Motion: A Step-by-Step Guide

Filing a pendente lite motion in New York follows a structured legal process:

• Draft the Motion: Begin by preparing the motion papers, which typically include a Notice of Motion, an Affidavit in Support detailing the relief sought and the reasons for the request, and any relevant exhibits.
• File the Motion with the Court: Submit the motion papers to the county clerk in the New York county where the divorce case is filed. Ensure that all necessary documentation is included and filing fees (if required) are paid.
• Serve the Motion: Legally serve the other party with the motion papers, following New York’s procedural requirements. This ensures the other spouse has the opportunity to respond.
• Submit Reply Affidavits (if necessary): After the opposing party has served their response, you may have the opportunity to submit a reply affidavit to address any new points raised.
• Attend the Hearing: Both parties will attend a court hearing where the judge will consider the arguments and evidence presented before making a decision on the pendente lite relief.
• Receive the Judge’s Decision: After the hearing, the judge will issue an order granting or denying the pendente lite relief requested, which is enforceable until the finalization of the divorce.

Steps in Filing a Pendente Lite Motion	Description
Draft the Motion	Prepare motion papers, including Notice of Motion, Affidavit in Support, and relevant exhibits.
File the Motion with the Court	Submit motion papers to the county clerk in the New York county where the divorce case is filed, ensuring all documentation is complete and fees (if required) are paid.
Serve the Motion	Legally serve the other party with the motion papers, adhering to New York’s procedural requirements to provide them an opportunity to respond.
Submit Reply Affidavits (if necessary)	If the opposing party responds, you may submit a reply affidavit to address new points raised.
Attend the Hearing	Both parties attend a court hearing where the judge considers arguments and evidence before making a decision on pendente lite relief.
Receive the Judge’s Decision	After the hearing, the judge issues an order either granting or denying the requested pendente lite relief, which remains in effect until the divorce is finalized.

The Role of Attorneys in Crafting Pendente Lite Motions

Attorneys play a vital role in the pendente lite process:

• Legal Knowledge: They provide valuable legal guidance on what temporary relief is appropriate and permissible under New York law.
• Drafting Skills: Lawyers ensure that the motion is drafted correctly, presenting a clear and compelling argument for the requested relief.
• Evidence Gathering: Attorneys help collect and organize the necessary financial documents and evidence to support the motion.
• Representation: They represent the client in court, articulating the need for pendente lite relief and responding to the arguments of the opposing party.

Common Mistakes to Avoid When Filing for Pendente Lite Relief

To enhance the likelihood of success in pendente lite motions, avoid these common pitfalls:

• Incomplete Documentation: Ensure all financial information is accurate and comprehensive. Incomplete disclosures can delay the process or result in a less favorable outcome.
• Misunderstanding Financial Needs: Accurately calculate the temporary financial needs. Overestimating or underestimating can affect credibility and the level of support awarded.
• Poor Timing: File the motion promptly. Delaying the filing can result in financial hardship and may affect the court’s perception of the urgency of the needs.
• Neglecting Legal Representation: Attempting to navigate pendente lite motions without an attorney can lead to procedural errors and weaken the case.

By following the proper steps, leveraging the assistance of a skilled attorney, and avoiding common mistakes, parties can effectively use pendente lite motions to secure necessary temporary relief during the challenging time of divorce proceedings in New York.

The Scope of Pendente Lite Orders

Pendente lite orders are an integral part of the divorce process in New York, providing interim relief in various aspects of the parties’ lives. These orders are designed to maintain the financial and familial status quo and ensure fairness while the divorce is pending. The scope of pendente lite orders is broad, covering everything from financial support to child custody and property management.

Financial Support and Maintenance: Temporary Alimony Explained

Under New York law, pendente lite maintenance, also known as temporary alimony, is intended to provide financial support to a spouse who earns less than the other during the divorce process. The state uses a specific formula to calculate temporary maintenance, considering factors such as the income of both spouses, the length of the marriage, and the standard of living established during the marriage. The goal is to ensure that the lower-earning spouse can maintain a lifestyle close to what was experienced during the marriage until the final divorce decree.

Child Support and Custody Arrangements During Pendente Lite

Child support and custody are critical issues addressed by pendente lite orders. New York courts follow the Child Support Standards Act (CSSA) to determine temporary child support, which includes a formula based on the parents’ combined income and the number of children. Regarding custody, the court’s primary concern is the best interests of the child, and temporary orders reflect arrangements that support the child’s well-being, stability, and safety. These orders set the precedent for parenting time and decision-making responsibilities during the divorce process.

Pendente Lite Relief for Property and Debt Management

Pendente lite orders can also address the management of marital property and debts. The orders may temporarily restrain both parties from selling, transferring, or dissipating marital assets. Additionally, the court may allocate responsibility for marital debts during the divorce proceedings, ensuring that creditors are satisfied and that neither spouse is unfairly burdened.

Addressing Health Insurance and Living Expenses Through Pendente Lite

Health insurance is often a contentious issue in divorces, and pendente lite orders may require that a spouse continue to provide health insurance coverage for the other spouse and any children. Additionally, living expenses such as mortgage or rent payments, utility bills, and other household costs can be allocated between the spouses to ensure that both parties can maintain a reasonable standard of living throughout the divorce process.

Evaluating the Impact of Pendente Lite on Divorce Outcomes

Pendente lite orders can shape the course of the divorce, impact negotiations, and sometimes even influence the final outcomes. Understanding the strategic importance of pendente lite motions is crucial for anyone going through a divorce in New York.

How Pendente Lite Orders Shape the Course of Divorce Negotiations

Pendente lite orders set a precedent for the financial and custodial arrangements during the divorce process. By establishing who pays for what, and who cares for whom, these orders can significantly impact the negotiations between spouses. For example, if one spouse is ordered to pay a certain amount of spousal support pendente lite, this figure might become a starting point for discussions about permanent alimony. Similarly, temporary custody arrangements can influence expectations and negotiations regarding permanent custody.

Attorneys often use pendente lite orders as leverage in negotiations, and these orders may encourage a more expedient settlement by establishing temporary certainty. Spouses may be motivated to settle rather than face the prospect of a prolonged situation that they find financially or personally challenging.

The Duration of Pendente Lite Orders and Modification Possibilities

Pendente lite orders are, by definition, temporary and last until the final divorce decree is issued. However, the duration of the divorce process in New York can vary greatly, meaning that pendente lite orders can sometimes be in place for a significant amount of time.

If circumstances change significantly during the divorce proceedings, either party may petition the court to modify the pendente lite order. For example, if the income of the paying spouse decreases or the needs of the children change, the court may consider adjusting the temporary support or custody orders accordingly.

Pendente lite orders are a powerful tool in New York divorce law with lasting effects. They provide immediate support and stability, shape the flow of negotiations, and can indirectly influence the final divorce decree. Parties to a divorce should approach pendente lite motions with a clear understanding of their strategic importance.

Pendente Lite in High-Asset Divorce Cases

High-asset divorce cases in New York are inherently complex, involving a myriad of financial considerations that can significantly affect both parties’ futures. When pendente lite orders are introduced into these proceedings, the stakes are heightened due to the substantial assets and income at play. Navigating these complexities requires a nuanced understanding of New York divorce laws and a strategic approach to ensure a fair and equitable process.

The Unique Challenges of Pendente Lite in High Net-Worth Divorces

High net worth divorces often involve intricate financial portfolios, including multiple properties, investments, business interests, and possibly international assets. The primary challenge in such cases is to ensure a thorough and accurate valuation of these assets for temporary support calculations. The pendente lite phase must also maintain the financial status quo without disrupting the normal operation of any business interests involved. There is a heightened risk of one party concealing assets or misrepresenting their value, making it critical for the courts and the parties’ attorneys to exercise due diligence.

Another challenge is determining the lifestyle to which the less-monied spouse is accustomed, which can influence the amount of temporary maintenance awarded. Establishing this standard requires extensive documentation and sometimes expert testimony.

Asset Protection and Business Interests Under Pendente Lite Orders

In high-asset divorce cases, protecting assets and business interests during pendente lite is crucial. New York courts may issue orders that specifically address how business assets are to be managed and protected during the divorce process. These orders can prevent the sale or transfer of business assets and ensure that businesses continue to operate without adverse interference from either spouse.

Additionally, pendente lite orders can protect personal assets from being dissipated or hidden. Measures such as restraining orders can be put in place to maintain the status quo of the marital estate, ensuring that all assets are accounted for and fairly considered when it comes time to divide them in the final divorce settlement.

Strategies for Fair Asset and Income Assessment in Pendente Lite Hearings

Given the complexities of high-asset divorces, several strategies can be employed for a fair assessment during pendente lite hearings:

• Accurate Valuation: Utilize forensic accountants to ensure an accurate valuation of all marital assets, including businesses, real estate, and investments.
• Full Disclosure: Ensure full financial disclosure from both parties. This may involve court orders for the production of financial documents and expert analysis of the parties’ financial status.
• Temporary Orders: Seek temporary orders that reflect the true scope of the marital standard of living and that protect the financial interests of both parties until the final divorce settlement.
• Expert Testimony: In some cases, expert testimony may be required to explain complex financial situations, such as the valuation of a business or the liquidity of certain assets.
• Legal Representation: Retain attorneys who specialize in high-net-worth divorces and who are well-versed in the intricacies of asset protection and valuation.

By addressing these unique challenges and employing strategic approaches, parties involved in high-asset divorces in New York can navigate the pendente lite phase effectively, setting a stage for equitable resolutions in their final divorce outcomes.

Tax Implications of Pendente Lite Spousal Support

The tax implications of spousal support have changed significantly following the Tax Cuts and Jobs Act of 2017. For divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer, nor are they considered taxable income to the recipient for federal income tax purposes. This change applies to both pendente lite support and permanent alimony arrangements.

In New York, these tax changes may be considered when determining the amount of support, as the financial consequences for both parties are different from when the alimony was tax-deductible to the payer and taxable to the recipient. Parties must consider the lack of tax deductibility in their financial planning during and after divorce.

Modifications of Spousal Support After Pendente Lite Orders

After pendente lite orders are issued, there may be circumstances that warrant a modification of spousal support. In New York, either party can file a motion to modify the temporary maintenance order if there is a substantial change in circumstances. For example, a significant change in income, employment status, or the health of either party may qualify as a substantial change that could lead to a modification.

It’s important to note that the standard for modifying a pendente lite order is different from the standard applied to the modification of a final order of spousal support. Post-divorce maintenance orders can be modified upon showing either a substantial change in circumstances, the recipient’s inability to become self-supporting, or a significant adjustment in the post-divorce maintenance recipient’s living situation.

New York law aims to provide fair and equitable financial support during and after divorce. The pendente lite phase serves as an important stepping stone toward achieving a final resolution that reflects the unique circumstances of the divorcing couple. As such, understanding the interplay between pendente lite support and permanent spousal support is key to navigating a New York divorce.

Tailored Strategies and Skilled Advocacy: Seasoned Assistance from The Law Office of Richard Roman Shum

When it comes to divorce, the term pendente lite stands as a critical milestone, marking the terrain of temporary orders that govern the period until a final decree is issued. Grasping the significance of pendente lite is essential—it sets the stage for key aspects like spousal support, child custody, and asset management during the divorce process. These early decisions are more than just temporary measures; they often chart the course for the financial and emotional journey ahead.

If you’re facing the complexities of a divorce in New York City, understanding and effectively managing pendente lite matters can be pivotal to your future. This is where the strategic guidance of The Law Office of Richard Roman Shum comes into play. With a skilled New York City divorce lawyer such as Richard Roman Shum advocating for you, you’ll gain invaluable insights and a strong voice in crafting a petition that reflects your needs and interests.

Whether it’s securing an equitable arrangement for spousal support, ensuring consistency for your children, or protecting your business interests, our approach is designed to shine a spotlight on the most favorable outcomes for you. At The Law Office of Richard Roman Shum, we comprehend the full weight of pendente lite orders and their long-term implications.

Embark on this critical phase of your divorce with a legal advocate who can clarify pendente lite and how it can help in your case. Reach out to The Law Office of Richard Roman Shum today, and let us fortify your case with the power of knowledge and experience. Contact us at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-pendente-lite/

How Far Can a Parent Move with Joint Custody in New York?

Joint legal custody is a common arrangement in family law where both parents share the legal responsibility for raising their children, even though the children may reside primarily with one parent. However, these arrangements can often be difficult to navigate, especially when one parent wishes to relocate. In New York State, parents with joint custody must adhere to strict guidelines when deciding how far a parent can move while still maintaining joint custody agreements. It is important for parents to understand these guidelines to avoid legal disputes and potentially damaging effects on their children.

When it comes to resolving disputes related to child custody and relocation, seeking the assistance of a knowledgeable New York child custody attorney can prove invaluable. At The Law Office of Richard Roman Shum, divorce lawyer Richard Roman Shum and our team of experienced Manhattan family law attorneys may be able to provide critical guidance and advocacy during the legal process. From interpreting state laws and regulations to negotiating with the other parent and representing your interests in court, our team can help ensure that your rights as a parent are protected. Contact us today at (646) 259-3416 to learn more about how we can help.

Definition of Joint Custody in New York

When parents with children get divorced, the issue of child custody often becomes contentious. In New York, joint custody is defined as an arrangement in which both parents have legal and physical custody of the child. Legal custody entails the right to make major decisions for the child, while physical custody deals with where the child will primarily reside. 

In joint custody arrangements, both parents share these responsibilities. This ensures that both parents have a say in important decisions that affect their child’s future, such as education, healthcare, and religion. New York law requires both parents to form an agreement on joint custody, and it must be in the best interest of the child for a judge to approve it.

Types of Joint Custody in New York

When it comes to joint custody, New York recognizes two types: joint legal custody and joint physical custody. 

Joint legal custody refers to both parents having an equal say in important decisions that affect their child’s life, such as medical care and education. Joint physical custody, on the other hand, refers to the amount of time each parent spends with the child. It is possible for parents to have joint legal custody but not joint physical custody, or vice versa. 

In some cases, joint legal and physical custody may be granted. However, this is only done if it is in the child’s best interests, which can be determined by various factors, including the parents’ ability to cooperate and communicate effectively to make decisions regarding their child’s well-being.

Factors Considered in Determining Joint Custody

When determining joint custody arrangements in New York, there are several factors that the court will consider. 

Co-Parenting Abilities

The ability of parents to effectively co-parent remains crucial even when they no longer live together. It is important to recognize that co-parents may occasionally have minor disagreements, as even married parents may not always see eye to eye on parenting decisions. However, the court requires assurance that both parents are capable of working through these disagreements and making compromises that result in mutually agreed-upon decisions. If one parent consistently undermines the other and fails to prioritize the child’s best interests over their own agenda, it raises concerns during the court’s evaluation.

Emotional and Physical Capacity

The court will also evaluate whether both parents have the emotional and physical capacity to adequately care for the child. For example, a parent struggling with substance abuse issues may be unable to provide the necessary stability and care that the child requires.

Consistency

Children thrive when they have consistency in their lives, which fosters a sense of security. Knowing the parent’s regular schedule for coming home, dinner, bedtime routine, and other predictable aspects of their daily life is crucial for a child’s well-being. If a parent is unwilling or unable to adjust their lifestyle to meet these needs, the court will take this into consideration, significantly reducing their chances of obtaining custody.

History of Domestic Violence

If a parent has a documented history of domestic violence towards the other parent or the child, it is highly unlikely that they will be granted custody. In such cases, the court often grants limited visitation rights, and depending on the severity of the violence, may even require supervised visitation.

Ultimately, the court will strive to create a custody arrangement that is in the child’s best interests while also taking into account each parent’s rights and responsibilities. It is important for parents to present evidence and arguments in court that support their case for joint custody and show that they are capable of meeting their child’s needs.

Factors Considered in Determining Joint Custody	Description
Co-Parenting Abilities	The ability of parents to effectively co-parent and make mutually agreed-upon decisions.
Emotional and Physical Capacity	Evaluation of both parents’ emotional and physical capacity to provide adequate care for the child.
Consistency	The ability of a parent to provide consistency and stability in the child’s daily life.
Prior Domestic Violence	Any documented history of domestic violence towards the other parent or the child.

Can a Parent Take a Child Out of State Without the Other Parent’s Consent in New York?

In New York, the relocation of a child out of state by a custodial parent is a matter that requires careful legal consideration, especially when the non-custodial parent does not consent. Without appropriate consent or court approval, the parent may face legal consequences.

A parent with physical custody must either obtain consent from the non-custodial parent or seek approval from the family court before relocating a child out of New York. Failure to comply with this requirement can result in being charged with contempt of the custody agreement. This violation might lead to fines, penalties, and even jail time, underscoring the gravity of the situation.

The court’s primary focus is the child’s best interests. The custodial parent should meticulously review any custody and court-ordered agreements before making relocation decisions. If there is a significant reason for the move, such as a new job, remarriage, or educational pursuits that promise better financial opportunities, the court may grant a modification of the custody order.

It is crucial for a custodial parent contemplating an out-of-state move with their child to consult with a Manhattan family law attorney to avoid violating custody or visitation orders and to protect their and their child’s interests. For comprehensive legal guidance, contact The Law Office of Richard Roman Shum to navigate these complex custody matters.

Manhattan child custody attorney

Parental Relocation Laws in New York

Parental relocation refers to the act of a parent with custody moving from their current residence to a new one. In the context of joint custody arrangements in New York, parental relocation can have significant consequences for the non-moving parent, the child, and the overall arrangement. It is important to differentiate between relocation that is within the same geographical area and relocation that involves a significant distance.

Laws Governing Parental Relocation in New York

When a parent with custody of a child decides to relocate, it can potentially disrupt the regular parenting time of the non-custodial parent and limit the child’s access to them. Child custody orders and agreements typically address the issue of relocation. In some cases, a judge may require or the parents may agree that the custodial parent must remain within a specific geographical area, such as a city or borough. If the child custody order does not include provisions for relocation, the custodial parent will need to seek permission from the court to move.

Even if the agreement grants the right to move, it is recommended for the custodial parent to establish a new parenting time arrangement with the non-custodial parent or obtain a court order to ensure the move is approved. The court’s primary consideration in such cases is the best interest of the child. Factors that the court will consider when deciding on relocation include:

• The reasons behind each parent’s desire to either relocate or oppose the relocation.
• The quality of the child’s relationship with each parent.
• The potential impact of the move on the child’s future contact with the non-custodial parent and any siblings (if separating siblings can be avoided, the court may prefer that).
• The potential improvement in the child’s life, including financial, emotional, and educational aspects, as a result of the relocation.
• The ability to maintain a positive relationship between the non-custodial parent and the child through alternative visitation arrangements.

In any situation involving relocation, it is generally recommended for the custodial parent to obtain written confirmation from the non-custodial parent consenting to the move or to obtain a court order allowing the relocation to proceed.

Notice Requirements for Parental Relocation

Notice requirements for parental relocation are an essential component of joint custody arrangements in New York. According to New York law, a parent intending to relocate with a child after a divorce or separation must provide written notice to the other parent within a specific time frame. The notice must contain the intended date of relocation, the address of the new residence, and the reasons for the move. 

It is important to note that a failure to provide written notice could result in a modification of custody arrangements or even contempt of court. Moreover, the notice must be sent by certified mail, return receipt requested, or by personal delivery with proof of receipt. The receiving parent has legal remedies to challenge the proposed relocation, such as filing an objection with the court or seeking an expedited hearing. In some cases, the parties may attempt to reach an agreement which considers the best interests of the child, such as a revised schedule of visitation. 

However, absent an agreement, the court will review the circumstances under the factors considered in determining parental relocation in making a final determination.

Factors Considered in Determining Parental Relocation

When a parent with joint custody wishes to relocate with their child, the court must consider several factors before allowing or denying the move. Some of the factors that will be taken into account include:

• Child’s relationship with both parents
• Impact on the child’s education and social life
• Ability of the non-moving parent to maintain a relationship with the child
• Availability of alternative arrangements for the child to maintain a relationship with the non-moving parent
• Past and present fitness of each parent
• Favorability of the moving parent’s employment and economic opportunities compared to the non-moving parent in New York
• Special needs or talents of the child
• Quality of schools, medical facilities, and other services in both locations
• Any other factors relevant to the best interests of the child 

Overall, the court will always prioritize the well-being of the child when making a decision about relocation.

Importance of Consulting with a Skilled New York Child Custody Attorney for Parental Relocation Cases

It is incredibly important for parents dealing with joint custody and parental relocation cases in New York to consult with an experienced attorney. These cases can often be complex and emotionally charged, and having a knowledgeable legal professional on your side can make all the difference. An attorney can help you understand your rights and obligations under New York law, as well as the many factors that the court will consider when making decisions about parental relocation. They can also provide guidance and support throughout the process, from negotiating with your co-parent to representing you in court if necessary.

At The Law Office of Richard Roman Shum, our skilled New York family lawyers may be able to help parents navigate the intricacies of joint custody and parental relocation cases in a compassionate and understanding manner. Our team understands the emotional toll that these cases can take on families and strives to provide personalized attention and guidance tailored to each client’s unique situation. Whether it involves negotiating a fair custody arrangement or presenting a strong case in court, the attorneys at The Law Office of Richard Roman Shum are dedicated to achieving the best possible outcome for their clients and ensuring that their children’s needs are prioritized throughout the process. Contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/

What Can Be Used Against You in a New York Divorce

Navigating the complex and often emotionally charged world of divorce proceedings is never easy. In New York, divorces can be long and often involve a myriad of potentially damaging factors, whether psychologically, socially, or financially. As a result, individuals facing the prospect of divorce in New York need to be aware of the various circumstances that can be used against them in order to protect their interests and ensure a fair resolution to their case.

Understanding the legal landscape of divorce in New York is a vital first step in safeguarding your future. However, the skilled help of a knowledgeable New York divorce lawyer can be invaluable in navigating this complicated process. At the Law Office of Richard Roman Shum, our experienced divorce attorney is well-versed in the intricacies of New York divorce law and can help you identify the circumstances that may be used against you in your case, while also advocating for your rights and interests. Contact us today at (646) 259-3416 to schedule a consultation and learn more about how we can help you through this challenging time.

Fault-Based Divorce Grounds

In New York, divorce can be granted based on both fault-based grounds and no-fault grounds. Fault-based grounds require one party to prove that the other spouse engaged in certain behaviors that caused the breakdown of the marriage. Some fault-based grounds for divorce in New York include:

1. Cruel and Inhuman Treatment: This ground pertains to physical or mental cruelty by one spouse to the other, making it unsafe or inappropriate for the spouses to continue living together. This may involve verbal abuse, physical violence, or psychological mistreatment. To prove this ground, the accusing spouse must provide clear evidence of the cruel treatment and show that it occurred during the last five years.
2. Abandonment: This ground refers to when one spouse has abandoned the other without reason or consent for a continuous period of at least one year. Consent to separation is not considered abandonment, and the spouse seeking divorce must prove that the other spouse left without any intention of returning. Abandonment can also be constructive if a spouse refuses to engage in sexual relations without any valid reason or justification during the same time frame of one continuous year.
3. Adultery: In this case, one spouse accuses the other of engaging in extramarital sexual relationships. However, proving adultery in court can be challenging, as direct evidence of the infidelity is often required, such as photographs, videos, or witness testimony. There are various defenses to adultery, including forgiveness, voluntary separation, and consent or encouragement by the accuser.
4. Imprisonment: This ground for divorce can be used if one spouse has been imprisoned for three or more consecutive years during the marriage. The accusing spouse can file the divorce action after three years but before returning from imprisonment.

No-Fault Divorce Grounds

No-fault divorce allows couples to end their marriage without placing blame on either party. The spouse filing for divorce must state that the marriage has irretrievably broken down for at least six months. The court will not grant a divorce until the couple has resolved all other issues, such as property division, spousal support, child custody, and visitation rights.

Procedure for Filing for Divorce in New York

Filing for divorce in New York involves a series of steps, which include preparing and submitting legal documents, serving the divorce papers to the other spouse (or their attorney), and attending court proceedings.

Preparing and Filing Divorce Papers

The first step in the divorce process is to prepare the necessary paperwork. The person filing for divorce (the plaintiff) must complete several forms, including a Summons and Complaint or a Summons with Notice. These documents explain the grounds for divorce, provide the necessary demographic information, and outline the desired terms for asset division, child custody, alimony, and other matters.

The plaintiff must then file the divorce papers with the appropriate County Clerk in the county where they or their spouse resides. There is a filing fee associated with this process, which varies depending on the county.

Serving Divorce Papers

After filing the paperwork, the plaintiff must serve the divorce papers to the other spouse (the defendant) within a specific time frame, usually 120 days. The service must be carried out by someone other than the plaintiff, such as a professional process server, a friend, or a family member over 18 years old.

The defendant must then respond to the divorce papers within 20 or 30 days, depending on the method of service. The response can be an answer, which contests the terms and grounds of the divorce or an acknowledgment in case an agreement has been reached.

Attending Court Proceedings

If the couple cannot reach a settlement through negotiation, mediation, or collaborative law, the case will proceed to trial. In court, both spouses, along with their attorneys, will present their evidence and arguments before a judge, who will then make the final decisions regarding divorce terms, such as property division, spousal support, child custody, and visitation rights.

It is essential to acknowledge that the divorce process in New York can be a complex and emotionally challenging experience. Seeking the guidance of a qualified divorce attorney can minimize stress, facilitate an amicable settlement, and help protect your rights and interests during the process.

Requirements for a No-Fault Divorce

The criteria for a no-fault divorce vary from state to state, but some common requirements may include:

• Residency: Most states have residency requirements before a no-fault divorce will be granted. This means that at least one spouse must have lived in the state for a specified length of time before filing for divorce. The residency period typically ranges from 3 months to a year.
• Grounds for divorce: In a no-fault divorce, the grounds for divorce are usually “irreconcilable differences” or “irretrievable breakdown of the marriage.” The spouse filing for divorce simply has to state that the marriage is over and that there is no chance for reconciliation.
• Waiting period: In some states, there is a waiting period from the time a no-fault divorce is filed until it is finalized. Waiting periods vary by state but can range from a few weeks to several months.
• Spousal agreement: In many cases, both spouses must agree to the terms of the divorce, such as division of property, alimony, and child custody. This is referred to as an uncontested no-fault divorce. If the spouses do not agree, they may need to go through a contested divorce, which can be more time-consuming and costly.

Impact of Adultery on Grounds for Divorce

In New York, adultery is considered a ground for divorce but it can be challenging to prove in court. To succeed in claiming adultery as a justification for divorce, you must provide substantial evidence that your spouse engaged in sexual relations with another person during your marriage. This evidence must be clear and convincing, as suspicions or allegations are not enough.

Gathering Evidence

There are several ways in which an individual can gather evidence to prove that their spouse has engaged in adultery. Some common methods include:

1. Hiring a private investigator: Many people choose to retain a private investigator to gather evidence of their spouse’s infidelity. A professional investigator can conduct surveillance, take photographs or videos, and document other activities that could support an adultery claim.
2. Obtaining witness testimonies: Witness statements from individuals who have seen or heard about the adulterous behavior can serve as crucial evidence in court. These statements can involve friends, family members, coworkers, or any other person with knowledge of the affair.
3. Presenting concrete proof: Concrete proof of adultery can include photographs, videos, or recorded conversations between your spouse and their lover. Text messages or emails exchanged between your spouse and the person with whom they had an affair can also serve as evidence of adultery.
4. Uncovering financial evidence: Bank statements, credit card bills, or other financial documents that demonstrate an expenditure related to the affair may be considered evidence of adultery. For example, hotel room charges, restaurant bills, or gifts purchased for the lover could serve as proof in court.

Methods of Gathering Evidence to Prove Adultery	Description
Hiring a private investigator	Retaining a professional investigator to conduct surveillance, capture photographs or videos, and document activities related to the adulterous behavior.
Obtaining witness testimonies	Collecting statements from individuals who have witnessed or have knowledge of the affair, such as friends, family members, coworkers, etc.
Presenting concrete proof	Providing photographic evidence, videos, recorded conversations, text messages, emails, or any other tangible evidence that proves the occurrence of adultery.
Uncovering financial evidence	Gathering bank statements, credit card bills, or other financial documents that indicate expenditures related to the affair, such as hotel charges, restaurant bills, or gifts for the lover.

Challenges in Proving Adultery

It is important to note that even if you are successful in obtaining evidence of your spouse’s adultery, corroborating these findings in court can be difficult. New York law requires that adultery be proven through “clear and convincing” evidence, which is a high standard to meet.

Additionally, proving adultery can involve revealing sensitive or embarrassing information about your personal life, which can be emotionally challenging. Due to the difficulties associated with proving adultery in New York, many people choose to file for a no-fault divorce, citing “irreconcilable differences” as their basis for seeking the dissolution of their marriage.

Navigating the Divorce Process in a Domestic Violence Situation

For those who are involved in a case of domestic violence and are seeking to file for divorce, having a support system and legal representation when navigating the divorce process is important. The following steps can help in increasing the chances of a favorable outcome:

1. Seek legal advice: Hire an experienced attorney well-versed in family law and domestic violence cases. They can help protect the victim’s rights and provide guidance throughout the process.
2. Collect evidence: Gather and document any evidence related to domestic violence, such as photos of injuries, threatening messages or emails, medical records, and witness statements.
3. Develop a safety plan: Work with the attorney, friends, family, or a support organization to develop a safety plan that includes a safe place to stay, financial resources, and emergency contacts.
4. File for a protective order: Based on the attorney’s guidance and the state’s laws, a victim should file for a restraining or protective order against the abusive spouse to ensure their safety during the divorce process.
5. Advocacy and support: Find local resources such as domestic violence shelters, counseling services, and support groups that can offer practical and emotional support throughout the divorce process.

Establishing Substance Abuse or Mental Health as a Factor in Divorce

For substance abuse or mental health issues to impact divorce proceedings, the existence of these issues must be established and presented as evidence in the case. This may involve obtaining records of substance abuse treatment, medical records documenting mental health treatment, or testimony from witnesses who can attest to the problems.

In some cases, expert witnesses, such as substance abuse counselors or mental health professionals, may be called upon to testify about the nature of the issues and their impact on the individual and the marriage. It’s essential for individuals involved in divorce proceedings with these concerns to seek experienced legal counsel who can help them navigate the process and present relevant evidence to the court.

Working with Your Divorce Lawyer

Once you have hired a divorce lawyer, there are several steps to take to ensure a productive working relationship:

• Be Honest: To allow your lawyer to represent your best interests, you must be completely honest about all aspects of your case. This includes providing full disclosure of assets, debts, and any other relevant information.
• Communicate: Maintain open lines of communication with your divorce lawyer. Inform them of any changes in your situation or concerns you may have. If you don’t understand something, don’t hesitate to ask for clarification.
• Be Organized: Gather all relevant documents, including financial records, real estate documents, and custody agreements. This will help your divorce lawyer develop a strong case on your behalf.
• Be Patient: Understand that the divorce process can be lengthy and may not always go as planned. Be patient with your lawyer and trust their expertise as they navigate the legal system on your behalf.

By taking the time to find the right divorce lawyer, promptly providing them with all necessary information, and maintaining open communication, you can help ensure a fair and efficient divorce process in New York.

Getting the Legal Help of an Experienced New York Divorce Lawyer

Going through the complexities of New York divorce law can be an overwhelming and emotionally charged process. There are various factors to consider, including fault-based grounds, evidence requirements, and the difficulties of proving adultery or establishing mental health and substance abuse issues. It is crucial to be well-informed and prepared. Having the support of a skilled New York divorce lawyer can make a significant difference in achieving a fair and just outcome for your case.

At the Law Office of Richard Roman Shum, we can provide the guidance necessary to navigate the intricacies of divorce in New York. Our experienced divorce attorney is dedicated to helping you understand and address the factors that may impact your case. You don’t have to go through this challenging journey alone. Contact us at (646) 259-3416 to schedule a consultation and let us guide you toward a more secure and positive future.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-can-be-used-against-you-in-a-new-york-divorce/

What Should a Woman Ask for in a Prenup in New York?

Divorce can be a complex and stressful process, especially when it comes to dividing assets and debts between spouses. In New York, prenuptial agreements can provide specific advantages for women, especially for those who are entrepreneurs or have significant assets. However, it’s crucial to understand the laws governing prenuptial agreements in your state, as well as the distinction between separate and marital property, before entering into a marriage. 

A prenuptial agreement can safeguard premarital assets, limit debt liability, and establish the amount and duration of spousal support in the event of a divorce. Moreover, it can minimize conflicts during the divorce process, saving both time and money. Understanding the specific regulations and requirements for prenuptial agreements in New York is essential to ensure that your contract is legally enforceable. 

At the Law Office of Richard Roman Shum, our team of experienced New York family law attorneys may be able to help you create an equitable prenuptial agreement that protects your financial interests and provides a fair outcome should you decide to separate. Contact us today at (646) 259-3416 to schedule a consultation.

Understanding Prenuptial Agreements

A prenuptial agreement, commonly known as a prenup, is a legally binding contract entered into by both individuals before their marriage. This agreement specifies the distribution of assets, liabilities, and financial obligations the couple will assume if the marriage ends in divorce, legal separation, or the death of one of the spouses.

Prenups can vary depending on the couple’s individual circumstances, financial situations, and personal preferences. The primary purpose of a prenuptial agreement is to protect each person’s separate property and define how joint assets will be divided in the event of separation. It can also address issues such as spousal support, financial responsibilities during the marriage, and inheritance rights for children from previous relationships.

Benefits of a Prenup

Prenuptial agreements can provide particular advantages for women, especially for those who are entrepreneurs or have significant assets. Some of the benefits include:

• Protection of premarital assets: A prenup allows couples to safeguard their premarital assets, such as business ownership, investments, or real estate, in the event of a divorce. This ensures that you retain control over your assets and prevent them from being divided during a divorce settlement.
• Limitation of debt liability: If your spouse has significant debt before the marriage or accumulates debt during the marriage, a prenuptial agreement can protect you from being responsible for these debts upon separation.
• Control over estate planning: Prenups can be used to outline inheritance rights for children from previous relationships, ensuring they receive their intended inheritance.
• Planning for financial stability: A prenuptial agreement can establish the amount and duration of spousal support, if any, which can provide financial security and stability for the spouse with lesser income in the case of a divorce.
• Facilitation of an efficient divorce process: By deciding the division of assets and property beforehand, a prenuptial agreement can minimize conflicts during the divorce process, saving both time and money.

New York’s Prenup Laws and Requirements

Each state in the United States has its own set of laws and requirements for prenuptial agreements. New York has strict regulations in place to ensure that these contracts are legally enforceable. Some of the key aspects of New York’s prenup laws include:

• Written agreement: The prenuptial agreement must be in writing and signed by both parties. Oral agreements are not legally binding in New York.
• Voluntary consent: Both parties must enter the agreement voluntarily, without coercion or duress. If a court finds that one party was forced to sign the prenup, it can be deemed unenforceable.
• Full disclosure of assets and liabilities: Both parties must provide a complete and accurate disclosure of their financial situation, including assets, liabilities, and income. Failure to disclose or misrepresentation of financial information can lead to the agreement being invalidated.
• Fairness: The terms of the prenuptial agreement must not be unconscionable or extremely unfair to either party. If a court finds that the agreement is excessively one-sided, it may be considered invalid.
• Proper execution: New York requires that prenuptial agreements be signed in the presence of a notary public, and both parties must have independent legal representation.

Understanding prenuptial agreements and the laws governing them in your state is essential for protecting your financial interests and ensuring a fair outcome should you decide to separate. It is advisable to consult with an attorney specializing in family law to prepare a legally enforceable and equitable prenuptial agreement.

How to Ask for a Prenuptial Agreement

Discussing a prenuptial agreement can be a delicate matter, but with the right approach, it can also pave the way for honest communication and a stronger relationship. If you’re in New York and considering a prenup, it’s essential to navigate this conversation with care and respect.

Start Early: Timing is crucial. Begin the conversation well before your wedding plans are in full swing. This gives both parties ample time to ponder and discuss the agreement without the pressure of impending nuptials.

Be Transparent: Honesty is the foundation of any strong relationship. Explain your reasons for wanting a prenup, focusing on the financial clarity and security it provides, rather than mistrust or anticipation of failure.

Listen Actively: Give your partner the chance to express their feelings without interruption. Understanding their perspective might help you address any concerns they have about the agreement.

Educate Yourselves: Misconceptions about prenuptial agreements abound. Both of you should research New York family law or consult with an attorney to understand how a prenup might benefit both partners.

Seek Professional Help: A family law attorney can provide impartial advice and ensure the agreement is fair and complies with New York law. They can also help draft an agreement that reflects both of your wishes.

Emphasize the Positive: Frame the prenup as a mutual step towards protecting your future together. It’s not just about safeguarding assets, but also about ensuring both partners’ peace of mind.

Remember, a prenuptial agreement isn’t about mistrust; it’s a practical tool for managing the financial aspect of marriage. Approaching the topic with sensitivity and preparedness can make all the difference.

Identifying Separate and Marital Property

Before dividing assets during a divorce, it’s crucial to classify them into two groups: separate and marital property. Separate property typically consists of assets that were owned by one spouse before the marriage, gifts or inheritances received during the marriage, and personal injury awards. Marital property, on the other hand, typically encompasses all assets acquired during the marriage, regardless of who earned or purchased them.

In some cases, separate property can become marital property if it’s mixed with marital assets to the point where it’s impossible to identify the original separate asset. For example, if a spouse inherits money and then deposits it into a joint bank account, it may be considered marital property. To prevent this inadvertent commingling, it’s crucial to maintain detailed records and keep separate property separate from marital assets.

Real Estate and Properties

Real estate holdings, such as your primary residence, vacation homes, and rental properties, also need to be assessed and divided during the divorce proceedings. In many cases, determining the value of these properties might require a professional appraisal. When dividing real estate, the couple can either agree upon a property’s value or require the courts to decide. Factors such as the purchase date, appreciation in value, and any associated mortgage or loan balances come into play when identifying real estate as marital or separate property.

When dividing the marital residence, some couples choose to sell the home and split the proceeds, while others might buy out the other spouse’s share of the property. Some even maintain their home as a joint investment or choose to defer the sale until a later time when the market is more favorable. Each couple’s circumstances and future plans will determine which option works best for them.

Bank Accounts, Stocks, and Investments

Bank accounts, stock portfolios, and other investment vehicles must also be divided during the divorce process. In many cases, joint accounts are simply divided equitably between the two parties. However, situations with individual accounts that have both separate and marital funds can become more complicated. To fairly distribute such assets, a detailed examination and tracking of deposits, withdrawals, and fund sources may be necessary.

In addition, couples often have joint stock holdings, business interests, or investment accounts that must be assessed and divided. There may be tax implications and other financial consequences for closing or dividing these accounts, which necessitates expertise from financial and legal professionals.

Retirement Accounts and Benefits

Retirement accounts are often some of the most significant assets in a marriage, and dividing them can be both financially and emotionally challenging. The process of dividing retirement accounts varies based on the type of account (e.g., 401(k), IRA, pension) and the jurisdiction’s specific laws. In many cases, a Qualified Domestic Relations Order (QDRO) is required to authorize the division of retirement accounts without incurring tax penalties. Collaborating with a skilled attorney and financial advisor can help ensure that your retirement assets are divided fairly and with minimal tax consequences.

Inheritance and Gifts

Generally, inheritance received by one spouse during the marriage is considered separate property, as are gifts given specifically to one spouse. However, as mentioned earlier, if inheritance or gifts are commingled with marital property, they can become marital assets. Additionally, if a gift is given to both spouses, such as wedding gifts or joint gifts received during the marriage, those assets are typically considered marital property and, thus, subject to division.

In conclusion, dividing personal and financial assets during a divorce can be a complex and contentious process. Collaborating with experienced legal and financial professionals, and understanding the distinction between separate and marital property, can help ensure a fair and equitable division of your assets while minimizing conflict and stress.

Division of Premarital and Marital Debts

Entering into marriage is an exciting and monumental life event. To ensure that both parties are protected and well-prepared, it’s essential to consider a prenuptial agreement. This legal document helps outline the division of assets and debts, should the marriage end in divorce. In states like New York, the equitable distribution principle governs the allocation of both marital assets and liabilities. By establishing a prenuptial agreement, couples can proactively address potential financial concerns and create a clear understanding of their financial responsibilities during the course of the marriage.

Marital debt in New York includes all debts accumulated during the marriage, regardless of which spouse incurred them. This encompasses credit card debt, mortgages, car loans, medical bills, and advanced degree educational loans.

Separate debt, on the other hand, isn’t subject to equitable distribution by the courts. This type of debt usually includes debt incurred by one spouse before the marriage, as long as it hasn’t been converted into marital debt. However, certain debts may be excluded from distribution by the New York courts, such as those incurred during the marriage without the other spouse’s knowledge, debts resulting from extramarital affairs, or debts solely attributable to one spouse and unrelated to marital expenses.

If a couple demonstrates clear intent to pay down a spouse’s premarital debt, separate debt can become marital debt. For example, if a spouse enters the marriage with $15,000 in credit card debt and the couple uses a joint account to reduce the balance, the debt may be considered marital debt.

The division of debts can be a complicated process with significant financial consequences for both parties after the divorce. An experienced family law attorney can assess your specific circumstances and help you understand your rights and obligations, whether through negotiation or litigation.

Income Disclosure and Maintenance

Full and accurate disclosure of each party’s income and assets is essential for crafting a fair and enforceable prenuptial agreement, which can help determine the appropriate division of property and spousal support in the event of a divorce. Both parties must provide comprehensive financial information, including sources of income, assets, liabilities, expenses, and investments.

It is often necessary for experts to assess the earning capacity of each partner, particularly if one has been out of the workforce for an extended period due to child-rearing or other caregiving responsibilities. Factors that could influence future earnings, such as age, health, education, and employment history, should also be considered in drafting a prenuptial agreement.

Any attempts to conceal assets or income can lead to severe consequences, including legal and financial penalties. Both parties must be transparent about their financial situation to avoid complications in the future.

Prenuptial agreements may also address maintenance, the ongoing financial support one spouse might be required to provide to the other in case of a divorce. This is distinct from alimony, which typically covers a specified period. Maintenance can be included in a prenuptial agreement under certain circumstances, such as when one partner has been financially dependent on the other, or when one spouse requires financial assistance to maintain their standard of living.

Spousal Support (Alimony)

In the case of a divorce, a prenuptial agreement can deal with spousal support, which is also known as alimony. While both spouses generally have the right to claim alimony, they are not obligated to do so. If the spouses agree to forego spousal support, they can state this in the prenuptial agreement. However, the agreement must be fair and enforceable, as determined by a judge.

The prenuptial agreement can address alimony by specifying the amount, form, and timing of payments, or by agreeing to waive spousal support altogether. This can save the couple from a long and expensive legal battle over spousal support. However, if waiving alimony would create significant financial hardship for one spouse, the provision may be considered unfair and invalidated.

This is particularly true if one spouse made significant sacrifices, such as putting their career on hold to start a family, which impacts their earning potential. In this case, enforcing the alimony provision would be considered unjust, and the provision may be nullified.

Negotiating and Drafting the Prenup

Once you have chosen your family law attorney, the process of negotiating and drafting your prenuptial agreement begins. Some key steps include:

• Identify your goals. Before drafting the agreement, it’s essential to have a clear understanding of your financial situation and what you hope to achieve through the prenup.
• Full disclosure. Both parties must provide a full and accurate disclosure of their assets and liabilities to ensure that the agreement is fair and legally enforceable.
• Identify the terms. The agreement should outline the division of property and debts, as well as any spousal support or maintenance provisions.
• Draft the agreement. Your attorney will work with you to draft an agreement that is tailored to your specific needs while also complying with New York law.
• Negotiate any necessary changes. Both parties may need to negotiate and compromise on certain terms to ensure a fair agreement.

Reviewing and Finalizing the Prenup

Once your attorney has drafted your prenuptial agreement, it is essential to review it carefully to ensure that it reflects your intentions and complies with the law. This may involve incorporating changes suggested by your attorney or addressing any concerns raised during negotiation.

It is crucial that both parties have independent legal counsel review the document to ensure that no undue influence or coercion has occurred. This will help preserve the enforceability of the prenup.

Lastly, the prenuptial agreement must be signed by both parties in the presence of a witness and notarized. Keep in mind that ideally, the agreement should be executed well before the wedding date to avoid any potential legal challenges arguing that the agreement was entered into under duress.

Once the agreement is signed, it becomes legally enforceable and will govern how your property, debts, and assets are divided in the event of a divorce or separation. While it may not be a romantic notion, having a prenuptial agreement in place can provide important financial protections and peace of mind for both parties.

Prenup Modifications and Termination

A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by two individuals before getting married. The main purpose of a prenup is to establish the property and financial rights of each spouse in the event of a divorce. Although a prenup is created with the intention of being in force throughout the marriage, situations may arise that necessitate its modification or termination. 

Couples may want to amend their prenup for various reasons. Some common grounds for modifying a prenuptial agreement include:

1. Change in financial circumstances: A significant change in the financial situation of one or both spouses may necessitate a revision of the original prenup. For example, if one spouse starts a successful business or receives a substantial inheritance, the couple may decide to update the prenup to reflect these new circumstances.
2. Addition or subtraction of assets: If the couple acquires significant assets during the marriage, such as real estate or investments, the prenup may need to be amended to include these items. Conversely, if certain assets are sold or disposed of, the agreement may need to be modified to remove them.
3. Children: If a couple has children after signing the prenup, they may wish to modify the agreement to address issues related to child custody, support, and visitation.
4. Clarification of terms: If certain terms or provisions of the prenup are unclear or ambiguous, it may be in the best interest of both parties to revise the agreement to provide greater clarity and certainty.
5. Mutual consent: The couple may simply decide, at some point during their marriage, that they wish to alter the terms of their prenup to better suit their current needs and goals.

It should be noted that changes to the terms are not possible for a separated couple or those undergoing divorce proceedings. Modifications can only be made prior to or during the marriage.

Grounds for Pre-nup Modification	Brief Explanation
Change in financial circumstances	Significant financial changes may require revising the prenup, such as if one spouse starts a successful business or receives a substantial inheritance.
Addition or subtraction of assets	If significant assets are acquired or sold during the marriage, the prenup may need to be amended accordingly to include or remove these assets.
Children	Modifying the prenup to address child-related matters becomes necessary if the couple has children after signing the agreement.
Clarification of terms	Revision may be needed to provide better clarity and certainty if certain terms or provisions of the prenup are unclear or ambiguous.
Mutual consent	The couple may decide to alter the prenup’s terms during their marriage to better suit their current needs and goals.

Seeking the Legal Assistance of a Skilled New York Family Law Attorney

Hiring a family law attorney is essential when drafting a prenuptial agreement to ensure that the terms are clear, enforceable, and legally sound. A prenuptial agreement, also known as a prenup, is a legal document that outlines how assets and liabilities will be divided in the event of a divorce or separation. This agreement can help protect the interests of both parties and can save time, money, and emotional distress in the future should the relationship come to an end.

At the Law Office of Richard Roman Shum, our experienced New York family law attorney can help you understand the legal implications and consequences of the decisions you make during the drafting process, allowing you to make informed choices about your financial future. This is particularly crucial in situations involving complex assets, inheritances, or business interests, as well as for individuals entering subsequent marriages or those with children from previous relationships. Contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-should-a-woman-ask-for-in-a-prenup-in-new-york/

How to Have an Amicable Divorce?

Divorce can often be a word that conjures images of vicious, drawn-out battles, and heartache, but it doesn’t have to be that way. An amicable divorce is not just a possibility; it is a constructive choice that can lead to a healthier outcome for all involved. From initiating the divorce to its conclusion, couples can navigate the delicate process of divorce with their dignity and peace of mind intact. At The Law Office of Richard Roman Shum, we understand the intricacies of New York divorce law and advocate for an amicable approach whenever possible.

The pursuit of an amicable divorce is not merely about maintaining a cordial relationship with your soon-to-be ex-spouse; it’s about laying the groundwork for your future and possibly the well-being of your children. The emotional and financial benefits of an amicable resolution are significant. By avoiding the adversarial court process, you can save time, reduce costs, and control the outcomes more directly. This can be particularly advantageous in Manhattan, where the complexities of assets and urban lifestyles can complicate divorce proceedings.

At The Law Office of Richard Roman Shum, our skilled Manhattan divorce attorneys are committed to facilitating a collaborative environment for couples. We strive to turn the tide of conflict toward a more constructive dialogue, ensuring that both parties feel heard and respected. Our approach prioritizes your needs and interests, helping you to achieve fair and equitable results while minimizing stress and promoting a positive post-divorce future.

If you and your spouse are considering divorce and would like to explore a path that eschews contentious litigation for cooperation and mutual respect, contact The Law Office of Richard Roman Shum at (646) 259-3416 today. Let us guide you through a process that honors the life you’ve built together and the individual futures you both deserve. 

Defining Amicable Divorce: What It Means for Couples

Divorce can often be a contentious and emotionally charged process, but for couples in Manhattan who wish to part ways respectfully, an amicable divorce offers a different path. This approach emphasizes cooperation, communication, and negotiation to resolve differences, making the process potentially less stressful and more dignified for both parties.

An amicable divorce is characterized by the mutual agreement of both spouses to dissolve their marriage without engaging in a bitter legal battle. Couples who pursue an amicable divorce typically work together to make decisions on all aspects of their separation, including asset division, child custody, and support arrangements. This type of divorce is not about one party winning or losing but rather finding a fair and respectful resolution that considers the well-being of everyone involved, especially children.

Legal Requirements for Divorce in Manhattan

New York law stipulates several grounds for divorce, but for an amicable separation, the most pertinent to this discussion is the “no-fault” divorce option. This was introduced in New York State in 2010 and allows couples to file for divorce by citing an irretrievable breakdown of the marriage for at least six months. By choosing the no-fault option, couples can avoid airing their grievances in a public forum, which can be an emotionally taxing experience.

To file for divorce in Manhattan, at least one spouse must have been a resident of New York for a continuous period of at least two years prior to filing, or the couple must have been married in New York and lived in the state for at least one year. Apart from residency requirements, spouses must also agree on all the key issues of their divorce or have these settled before the divorce is granted. This includes division of property, child custody and visitation, child support, and spousal support.

The Benefits of Pursuing an Amicable Separation

Choosing an amicable divorce offers a myriad of benefits. It usually reduces the financial and emotional costs associated with adversarial court proceedings. It also allows couples to maintain greater control over their post-marriage arrangements and fosters a spirit of collaboration that can be invaluable, especially when children are involved.

An amicable process can help preserve a functional relationship between ex-spouses, which is essential for effective co-parenting. It also allows for more privacy, as details of the divorce settlement are less likely to be made public than in a contested divorce. Lastly, amicable divorces can be resolved more quickly, allowing both individuals to move forward with their lives without prolonged legal disputes.

For couples in Manhattan considering an amicable divorce, it is beneficial to consult with a knowledgeable local attorney who is experienced in divorce and family law. Such an attorney can provide valuable guidance throughout the process, ensuring that all legal requirements are met and that the settlement reached is in the best interest of their client.

Preparing for the Divorce Process

The journey toward an amicable divorce begins long before any legal papers are filed. In Manhattan, as in the rest of New York, the process is governed by specific laws and procedures, but the groundwork for a smooth divorce lies in the preparation and the initial conversations between spouses.

Initiating the Conversation with Your Spouse

The first step towards an amicable divorce is often the most difficult: starting the conversation. When you decide to initiate this talk with your spouse, it’s essential to approach the subject with sensitivity and respect. Consider your spouse’s feelings and pick a moment when you both have the time and privacy to discuss the matter without interruptions.

It’s crucial to be clear about your intentions while also being open to listening. This conversation is not about assigning blame but rather expressing your desire to end the marriage as amicably as possible. In New York, where the divorce rate reflects the national average, such conversations are becoming increasingly common, and a respectful dialogue can set the stage for a cooperative divorce process.

Setting Realistic Expectations and Goals

An amicable divorce is more attainable when both parties have realistic expectations. In Manhattan, the complexities of high-asset divorces or those with child custody considerations require a clear understanding of what can and cannot be achieved. Setting goals may involve compromise and negotiating terms that are acceptable to both parties.

Your divorce attorney can help clarify what New York law allows and advise on what’s fair and reasonable. For instance, New York uses the principle of equitable distribution, which means the court divides marital property fairly, though not always equally. Understanding such principles will guide you in setting realistic goals for the outcome of your divorce.

Choosing the Right Time and Place to Discuss Divorce

The timing and setting of the initial divorce discussion can significantly impact the tone of the entire process. In a bustling city like Manhattan, finding a quiet, private space away from the demands of work and family life is important. It’s advisable to avoid times of high stress, such as during a family crisis or significant life changes.

Choose a neutral location where both of you feel safe to express yourselves. It’s also important to ensure there is enough time to have a thorough discussion without the pressure of other engagements. By choosing the right time and place, you can help ensure that both parties feel heard and respected, which is foundational for an amicable divorce process.

Incorporating these steps into the preparation phase of a divorce can help Manhattan couples navigate the complexities of ending their marriage with dignity and mutual respect. A Manhattan divorce attorney can provide the necessary legal guidance and support to make this challenging time as smooth and amicable as possible, following New York’s divorce laws.

Essential Steps to Foster Amicability

Fostering amicability during a divorce requires a proactive and deliberate approach. The success of an amicable divorce hinges on the willingness of both parties to engage in open dialogue, utilize available resources such as mediation, and potentially opt for a collaborative law process.

Embracing Open and Honest Communication

The cornerstone of an amicable divorce is the ability of both parties to maintain open and honest communication. This is not merely a matter of courtesy but a practical necessity. When spouses can express their needs, concerns, and preferences without hostility, they lay the groundwork for fair negotiations and a mutually acceptable divorce agreement.

Communication should be clear, especially when discussing complex issues like asset division, which, under New York law, is subject to equitable distribution. This does not necessarily mean a 50/50 split, but rather a fair division based on a variety of factors, which both parties need to understand and discuss openly.

Utilizing Mediation Services in Manhattan

Mediation is a highly effective tool for couples looking to divorce amicably in Manhattan. New York courts often encourage mediation as a means to resolve disputes without litigation. A neutral third party, known as a mediator, facilitates discussions between the spouses to help them reach a voluntary agreement on all aspects of their divorce.

Mediation can be particularly beneficial in Manhattan, where the courts are frequently overloaded. It provides a more private, less adversarial, and often quicker way to settle disputes than going to court. Moreover, mediation can be more cost-effective, saving both parties time and money – valuable commodities in New York City life.

The Role of Collaborative Law in Amicable Divorces

Collaborative law is another avenue for maintaining amicability during a divorce, and it’s supported by New York’s legal framework. In a collaborative divorce, each spouse hires an attorney trained in collaborative law, and all parties agree to work together to resolve issues without going to court.

This approach is particularly suited to Manhattan’s dynamic and often complex divorce cases. Collaborative law promotes a team-based approach to negotiation, where other professionals, such as child custody specialists or financial advisors, can be brought in to advise. It enables both parties to have legal representation and quality guidance while working towards a settlement that respects the interests of both spouses and any children involved.

Embracing these steps can significantly improve the prospects of an amicable divorce for couples in Manhattan. With the guidance of a seasoned Manhattan divorce attorney familiar with New York divorce laws, spouses can navigate the end of their marriage with dignity, respect, and a sense of collaboration – preserving their emotional well-being and potentially saving time and resources.

Financial Considerations for a Smooth Divorce

When navigating through a divorce in Manhattan, financial considerations are among the most significant aspects to manage. New York divorce laws require careful attention to the equitable distribution of assets, alimony determinations, and the handling of joint debts. A comprehensive approach to these financial matters can contribute greatly to a smooth divorce process.

Equitable Asset Distribution

In New York, the division of assets during a divorce follows the principle of equitable distribution. This means that marital property is divided in a way that is fair, but not necessarily equal. Factors such as the length of the marriage, each spouse’s income and property when they married and when they filed for divorce, and each party’s contribution to the marriage (including contributions as a homemaker) are all considered.

For Manhattan residents, who may have complex or high-value asset portfolios, it’s critical to accurately value all marital property, including real estate, businesses, retirement accounts, and investments. Spouses should gather all financial documentation and work with their attorney and, if necessary, financial experts, to ensure an equitable division that reflects their contribution to the marriage and current and future financial needs.

Understanding and Negotiating Alimony

Alimony, known as spousal maintenance in New York, is another crucial financial issue in divorce. The purpose of alimony is to provide financial support to a spouse who earns less or has been out of the workforce. New York uses a formula to suggest an appropriate amount of spousal maintenance based on each spouse’s income and the length of the marriage.

However, the formula is just a starting point. Other factors, such as the age and health of the spouses, their present and future earning capacity, and the need to care for children, can affect the final amount. In Manhattan, where the cost of living is high, these negotiations require careful planning and consideration to ensure a fair outcome.

Dealing with Joint Debts and Financial Obligations

Joint debts are another aspect of financial considerations that can’t be overlooked. Both parties are generally responsible for any debts incurred during the marriage. This can include credit card debt, loans, and mortgages. In Manhattan, where living expenses and the cost of credit are high, it’s important to address these obligations carefully.

Couples should disclose all debts and work together to decide who will be responsible for each debt or whether they will continue to handle them jointly. This is often a negotiation point and can be settled through mediation or collaborative law. It’s also advisable for each party to monitor their credit reports to ensure all debts are accounted for and properly managed.

By addressing these financial considerations with diligence and transparency, and with the guidance of a knowledgeable Manhattan divorce attorney, couples can work toward a financial settlement that is fair and equitable for both parties, paving the way for a smooth divorce and a stable post-divorce financial future.

Financial Consideration	Details
Equitable Asset Distribution	Assets divided fairly, not necessarily equally, based on factors like marriage length and contributions.
Valuing Marital Property	Accurate valuation of assets, especially in complex portfolios; may require expert assistance.
Alimony (Spousal Maintenance)	Formula-based with adjustments for factors like age, health, earning capacity, childcare; vital in Manhattan.
Dealing with Joint Debts	Joint debt responsibility, including credit cards, loans, mortgages; clear agreements crucial in high-cost Manhattan.

Co-Parenting and Child Custody Agreements

In the state of New York, and particularly in the unique urban setting of Manhattan, establishing co-parenting and child custody agreements during a divorce is a process that places the well-being of the children at the forefront. By adhering to the state’s laws and prioritizing the best interests of the children, parents can lay a strong foundation for a cooperative future as co-parents.

Prioritizing Children’s Best Interests

New York law mandates that all decisions regarding child custody and visitation must prioritize the best interests of the children. This encompasses considerations of the child’s safety, their emotional and intellectual development, the quality of their home environment, the parental guidance each parent provides, and the child’s own wishes, depending on their age and maturity.

In Manhattan, where schedules can be hectic and living arrangements diverse, parents need to maintain a focus on stability and continuity for their children. This might involve creating schedules that minimize disruption to the child’s school and social life, ensuring they have access to educational and cultural opportunities, and providing for their emotional needs amidst the changes a divorce brings.

Crafting a Collaborative Parenting Plan

A parenting plan is a detailed agreement that outlines how parents will raise their children following a divorce. In Manhattan, where diverse opportunities and busy lifestyles can complicate co-parenting, the plan needs to be comprehensive and collaborative. Elements of a parenting plan typically include residential arrangements, a visitation schedule, holiday and vacation plans, arrangements for health care and education, and methods for resolving future disputes.

Both parents should work together, often with the help of their attorneys or a mediator, to develop a plan that serves the best interests of the children while also accommodating the parents’ schedules and responsibilities. A collaborative parenting plan can help reduce conflicts and provide a roadmap for effective co-parenting.

Addressing Child Support in an Amicable Manner

Child support is a critical component of any divorce involving children in New York. The state has specific guidelines that determine the amount of support, which takes into account the income of both parents, the number of children, and the percentage of time the child spends with each parent.

In Manhattan, with its high cost of living, it’s important to ensure that child support arrangements are adequate and fair, providing for the children’s needs without causing undue financial burden on either parent. An amicable approach to child support acknowledges both the financial responsibilities and the contributions of each parent towards the children’s well-being.

Co-parenting and child custody agreements require careful consideration and a spirit of cooperation to effectively meet the needs of the children involved. By prioritizing their best interests, crafting a collaborative parenting plan, and addressing child support amicably, parents in Manhattan can navigate the divorce process with a child-centered approach that respects the roles of each parent and provides for the security and happiness of their children.

Emotional Aspects of Divorce

Divorce is not only a legal process but also an emotional journey. In Manhattan, where the pace of life is fast and pressures are high, recognizing and managing the emotional aspects of divorce becomes crucial. Understanding New York divorce laws and knowing what to expect can alleviate some stress, but addressing the emotional impact directly is key to maintaining one’s well-being throughout the process.

Managing Stress and Emotional Well-Being During Divorce

The stress of a divorce can be amplified by the hustle of Manhattan life. It’s important to find strategies to manage this stress effectively. Recognizing the emotional stages of divorce is the first step. It is normal to experience a roller coaster of emotions, and acknowledging them can help individuals cope better.

Creating a routine to provide structure and stability can be beneficial. Additionally, separating the emotional aspects from the legal process is vital. While it’s natural for emotions to run high, especially when dealing with the legal nuances of New York’s divorce laws, maintaining focus on the practical steps can help in managing one’s emotional state.

The Importance of Self-Care and Support Networks

Self-care is often overlooked during a divorce, yet it is essential for mental health. Individuals going through a divorce in Manhattan should be encouraged to maintain or adopt a healthy lifestyle, including regular exercise, a balanced diet, and sufficient sleep. Engaging in activities that bring joy and relaxation is equally important.

Moreover, support networks play a critical role in navigating the emotional turmoil of divorce. Friends, family, and support groups can offer the necessary emotional backup. Manhattan has a variety of support systems available, from formal support groups to informal meet-ups, which can provide a sense of community and understanding.

Seeking Professional Counseling When Needed

At times, the emotional impact of divorce may become overwhelming, and professional help may be needed. Therapists and counselors, particularly those experienced with the stressors associated with divorce, can provide individuals with coping mechanisms to navigate their emotions effectively.

In the context of New York divorce laws, a Manhattan divorce attorney might also suggest consulting with a mental health professional to help manage the emotional aspects. This can be especially important when there are children involved, as maintaining emotional stability is key to effective co-parenting post-divorce.

Divorce is inherently emotional, and for residents of Manhattan, these emotions can be intensified by the environment. Managing stress, investing in self-care, utilizing support networks, and seeking professional counseling when necessary, can help individuals take care of their emotional health as they work through the legalities and logistics of their New York divorce.

Legal Representation and Guidance

When it comes to divorce, legal representation is not just about litigation; it’s about guidance, strategy, and ensuring a fair process. In Manhattan, where the stakes can be high and the cases complex, the role of a divorce attorney is crucial—even when the divorce is amicable. Understanding when and how to engage with a Manhattan divorce lawyer can make a significant difference in the divorce experience.

The Role of a Divorce Attorney in an Amicable Divorce

Many assume that an amicable divorce doesn’t require a divorce attorney, but this isn’t the case, especially under the intricate frameworks of New York law. A divorce attorney’s role in an amicable divorce is to provide counsel, ensuring that all decisions are informed and rights are protected. The division of high-net-worth assets, understanding spousal support nuances, and negotiating child custody require legal skill—even when both parties are in agreement.

An attorney can help draft the necessary legal documents, outline the potential legal outcomes, and offer a clear understanding of the equitable distribution of assets. They ensure that the amicable agreements made are also legally sound and enforceable, preventing future disputes and complications.

When to Consult with a Manhattan Divorce Lawyer

Consulting with a divorce lawyer should be considered early in the process—even before informing your spouse of your decision, if possible. Early consultation provides a clear picture of your legal standing, what to expect, and how to prepare. For Manhattan residents, where financial and parenting arrangements may be more complex, early legal advice is particularly valuable.

It is also important to consult a lawyer when there are changes in the divorce agreement, when navigating prenuptial agreements, or when circumstances change substantially, such as a shift in either party’s financial situation or when relocating with children.

How Legal Professionals Can Facilitate Amicable Resolutions

Legal professionals, especially those adept in Manhattan’s divorce law landscape, can facilitate amicable resolutions by offering alternative dispute resolution methods, such as mediation or collaborative divorce. These methods prioritize a cooperative approach and can often result in a more peaceful and cost-effective divorce process.

Attorneys can act as mediators, helping both parties reach a mutual agreement that is fair and in alignment with New York divorce laws. They can also help manage communications between spouses, reducing the potential for conflict and ensuring that discussions remain productive.

Even in amicable divorces, a Manhattan divorce attorney’s guidance is indispensable. From ensuring the legal soundness of agreements to facilitating negotiations and protecting clients’ rights, lawyers play a vital role. By engaging with a legal professional early and throughout the divorce process, parties can navigate New York’s complex divorce laws with confidence and ensure that the final settlement is equitable and sustainable.

Finalizing the Divorce Amicably

Even when both parties are eager to finalize a divorce amicably, the process can be complex and emotionally taxing. In Manhattan, where the legal landscape can be particularly daunting, it is essential to understand the process, know what to expect when signing the divorce agreement, and be aware of post-divorce formalities. Proper navigation of these steps can ensure that the dissolution of the marriage is as smooth and conflict-free as possible.

Understanding the Manhattan Divorce Court Process

The Manhattan divorce court process follows the New York State divorce laws but does so within the unique context of New York County’s Supreme Court. To finalize a divorce amicably here, you’ll first need to ensure that all grounds for the divorce meet state requirements, which include both fault-based and no-fault grounds.

Once the grounds are established, the process typically involves submitting a summons and complaint or summons with notice to the court. If both parties agree on all matters (an uncontested divorce), they can prepare and sign a settlement agreement, outlining the terms for property division, child custody, alimony, and any other relevant matters.

A key aspect of the Manhattan court process is the case management system, which is designed to streamline the process. Couples are encouraged to resolve their issues outside of court when possible, often through mediation or collaborative law, which can be less adversarial and more time-efficient.

Signing the Divorce Agreement: What to Expect

Signing the divorce agreement is a critical step in finalizing an amicable divorce. By the time you reach this stage, both parties should have a complete understanding of its contents, which will have been negotiated and drafted with the assistance of a divorce attorney.

In Manhattan, the agreement must be thorough, covering all pertinent aspects of the divorce, including division of marital property, spousal and child support, and parenting time. It’s important to review the agreement carefully, ideally with legal counsel, before signing. This document will dictate the terms of the post-divorce relationship, and it is legally binding once it has been signed and ratified by the court.

Post-Divorce Formalities and Closure

After the divorce agreement is signed, there are still several formalities to be completed to ensure that the divorce is legally finalized. This includes submitting the agreement to the court for approval and waiting for the judge to issue a final decree of divorce, known as the Judgment of Divorce.

In Manhattan, the court may have additional formalities, such as submission of findings of fact and conclusions of law, along with the judgment. Once the judgment is signed by the judge, the divorce is official. However, the process doesn’t end there. You may need to update your personal records, execute the transfer of property as stipulated, and adjust your estate planning documents to reflect your new marital status.

In summation, finalizing a divorce amicably in Manhattan involves understanding the specific court processes, thoroughly reviewing and signing the divorce agreement, and completing post-divorce formalities. Both parties should approach each stage thoughtfully and with good counsel to ensure that the amicable end to the marriage is handled with respect, fairness, and legality.

Explore The Amicable Approach with The Law Office of Richard Roman Shum

An amicable divorce is more than a legal process—it’s a commitment to resolve differences with dignity and a focus on the future. Our Manhattan divorce attorneys understand that every couple has a distinct story, and we aim to honor that story while helping you turn the page with grace. The Law Office of Richard Roman Shum is here to be your advocate during this period of transition, ensuring that your voice is heard and your rights are protected.

With the seasoned guidance of The Law Office of Richard Roman Shum, you can explore a less contentious approach to divorce, one that paves the way for amicable solutions. Our team’s extensive skill and track record are at your service, providing clarity and support as you embark on this delicate journey.

Embrace the possibility of a respectful closure and a harmonious new chapter. Contact The Law Office of Richard Roman Shum today at (646) 259-3416, and let us assist you on the path to an amicable resolution.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-have-an-amicable-divorce/

Do Both Parents Need to be Present for Their Child’s Passport Application in New York?

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 Application

The 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 Consent

In 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 Law

The 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 York

Applying 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 application

To 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:

• Form DS-11: This is the standard passport application form for the United States. You can download it from the U.S. Department of State’s website, sign it at the time of submission, and provide all the details about the child, such as name, date of birth, place of birth, and social security number.
• Proof of citizenship: To apply for a child’s passport, you must provide proof of U.S. citizenship. Acceptable documentation includes a certified copy of the child’s U.S. birth certificate or a previous U.S. passport. Wait until you get a certified copy of the child’s birth certificate before applying for the passport.
• Proof of relationship: You also need to provide documentation proving a relationship between the child and parents. Typically, the child’s U.S. birth certificate, including the names of both parents, will serve as sufficient proof. If the child was born outside the United States, you can provide a foreign birth certificate, adoption decree, or court order establishing custody or guardianship.
• Parental identification: Parents must present valid identification when submitting the child’s passport application. This could include a U.S. passport, driver’s license, military ID, or government employee ID. Parents also need to submit photocopies of the front and back of their identification along with the application.
• Passport photos: You must submit 2×2-sized passport photos of the child, taken within six months of the application date. 
• Payment: The child passport application fee must be paid at the time of submission, which currently stands at $115 for a minor passport book.

Required Documents for Child Passport Application	Details
Form DS-11	Standard passport application form for the United States.
Proof of citizenship	Certified copy of the child’s U.S. birth certificate or previous U.S. passport.
Proof of relationship	Child’s U.S. birth certificate, foreign birth certificate, adoption decree, or court order.
Parental identification	Valid identification of both parents, such as U.S. passport, driver’s license, or military ID.
Passport photos	Two 2×2-sized passport photos of the child, taken within six months of the application date.

Where to submit the application

In 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 Circumstances

In 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 Custody

In 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:

• a complete court order that grants you full legal custody, like a divorce decree or any other custody order. 
• a detailed court order that specifically allows you to apply for your child’s passport (a photocopy is acceptable) can serve as evidence. 
• a certified copy of your child’s birth certificate that lists you as the only parent
• a certified copy of an adoption decree with you as the sole parent.
• a certified copy of the judicial declaration of incompetence for the other parent who cannot appear in person, or 
• a certified copy of the death certificate of the parent who cannot be present.

Proof Of Sole Legal Custody For Passport

If 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:

• The minor’s certified U.S. or foreign birth certificate, clearly indicating only the applying parent’s name.
• A Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) that expressly identifies the custodian as the sole legal guardian.
• A court order that grants sole custody to the applying parent, with the exception of situations where the child’s travel is restricted according to the provisions of the said order.
• A decree of adoption applies when the applying parent is the sole adopting parent.
• A court order expressly permitting the parent or guardian applying for it to travel with the child.
• A formal acknowledgment of the non-applying parent’s legal incapacity.
• Official documentation confirming the death of the non-applying parent.

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 Appear

In 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:

• Sign and date Form DS-3053 while in the presence of a certified notary public, and
• Include a photocopy of both the front and back sides of the identification they presented to the notary public along with Form DS-3053.

Other Parent Cannot be Located

In 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.

• Make sure to provide as much information as possible on the form.
• Additional evidence will be required, such as a custody order, incarceration order, or restraining order to prevent international parental child abduction.
• If the non-applying parent is on military deployment, they should generally be able to supply a notarized Form DS-3053. However, in the rare instance that they are unreachable, you must either provide military orders and a Form DS-5525, which indicates that the non-applying parent is on a special assignment for over 30 days outside their duty station and cannot be contacted, or submit a signed statement from the non-applying parent’s commanding officer stating that they are unavailable.

Neither Parent Able to Appear

To 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 Status

To 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 Passport

All 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:

• Schedule an ACS appointment.
• Complete the DS-11 form online and bring it to the interview.
• Bring the child’s current U.S. Passport (original and a copy of the front page).
• Provide proof of U.S. citizenship (original and a copy): U.S. Birth Certificate or CRBA.
• Present the parent’s proof of identity (original and a copy of the front page): a valid government-issued ID, such as a foreign passport, driver’s license, or ID card.
• Bring one photo.
• Include the child’s SSN on the application. If they don’t have one, you would need to fill out a form with a specific statement indicating that they have never been issued an SSN.
• Pay the required passport services fee.

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.

from 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/