NEW YORK, NY – Spouses considering divorce in New York must follow a structured sequence of legal steps that begins with filing paperwork at the Supreme Court and concludes with a signed Judgment of Divorce. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/initiating-divorce-a-how-to-guide/) is providing guidance on how the process works, what documents are required, and how residency rules affect eligibility to file.
According to Manhattan divorce attorney Richard Roman Shum, New York recognizes both fault-based and no-fault grounds under the Domestic Relations Law. The most common ground is an irretrievable breakdown of the marriage for at least six months under DRL Section 170(7). “Many clients are relieved to learn they do not need to prove wrongdoing to move forward with a no-fault filing,” Shum explains. “However, the court still cannot grant a final judgment until issues such as property division, spousal maintenance, child custody, and child support are resolved.”
Manhattan divorce attorney Richard Roman Shum notes that New York follows an equitable distribution model rather than a community property standard. This means marital assets are divided fairly rather than automatically split in half. Cases proceed in the New York County Supreme Court, which addresses equitable distribution, spousal maintenance, and any issues involving children under state law.
Divorces in New York generally fall into two categories: uncontested and contested. Attorney Shum points out that in an uncontested divorce, spouses agree on all major issues, which allows the court to review the papers with limited additional proceedings. A contested divorce, by contrast, may involve financial disclosure, motion practice, conferences, settlement efforts, and, when necessary, a trial before a judge in New York County.
Before filing, an individual must meet the residency requirements under DRL Section 230. Shum explains that at least one spouse must have lived in New York continuously for two years before filing, or for one year if the couple was married in the state, lived together as spouses in the state, or the grounds for divorce arose in the state. Immediate filing is also permitted when both spouses reside in New York at the time of filing and the grounds occurred in the state.
The firm handles divorces filed at the New York County Supreme Court at 60 Centre Street, including matters originating in Midtown, the Lower East Side, Tribeca, and other Manhattan neighborhoods. Contested cases generally require detailed financial disclosure through a Statement of Net Worth, along with tax returns, bank and investment statements, retirement account records, and documentation of any real estate or business interests.
“Gathering financial and property records early can significantly reduce delays later in the case,” Shum advises. The attorney notes that once a case is filed, automatic orders take effect under New York’s matrimonial rules, restricting both spouses from transferring property, changing insurance beneficiaries, or taking on unreasonable debt while the divorce is pending.
After service, the Defendant generally has 20 days to respond to personal service in New York, or 30 days in certain other situations. If no response is filed, the Plaintiff may seek a default judgment. Once all issues are resolved by agreement or by the court, the Judgment of Divorce is prepared, signed, and filed with the New York County Clerk’s Office, officially ending the marriage.
Court appearances vary depending on whether a case is contested or uncontested. Shum explains that once a contested case is judicially assigned after a Request for Judicial Intervention is filed, a preliminary conference must be held within 45 days. The conference identifies disputed issues, sets discovery deadlines, and encourages settlement. Compliance conferences follow to ensure both parties meet court-ordered deadlines, and the court may schedule additional settlement conferences before any trial.
For those considering divorce in Manhattan or elsewhere in New York City, consulting an experienced divorce attorney can help clarify filing requirements, residency rules, and the financial disclosures needed to move a case forward.
About Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm focused on divorce and family law matters throughout New York City. Led by attorney Richard Roman Shum, the firm handles filing, financial disclosure, settlement negotiations, court appearances, and trials at the New York County Supreme Court. For consultations, call (646) 259-3416
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