Thursday, August 24, 2023

How To Recognize if Your Spouse Is Manipulating or Gaslighting You

People get into relationships expecting mutual trust and respect. No one goes into a relationship expecting it to become toxic. However, not all forms of “toxicity” in a relationship are overt. Some, like gaslighting, are more insidious than others.

Victims of gaslighting may struggle to identify the abuse since the abuser has conditioned them to believe that their reactions are excessive. If you are a victim of gaslighting, it is crucial to consult a Manhattan divorce lawyer before making any decisions. At the Law Office of Richard Roman Shum, our lawyers understand the emotional toll that gaslighting can take, and we are here to provide you with the support and legal guidance you need. We can help you regain your confidence and make informed choices about your future. Contact us at (646) 259-3416 to schedule a consultation and seek the legal support you deserve.

Gaslighting is a term popularized in the late 2010s. The word itself came from the title of the 1944 movie, Gaslight, where a man manipulates a woman into doubting her own sanity. In real life, gaslighting is less likely to involve elaborate jewel heists and more likely a means of exerting power. 

Gaslighting is a form of psychological manipulation and emotional abuse. It involves undermining another person’s reality. Gaslighting is about maintaining power and control over your partner. Most gaslighters, the term for abusers who use gaslighting, use it as a tool to avoid accountability for their actions, often turning the tables on their partners for perceived issues in the relationship.

A research paper titled “Gaslighting: A marital syndrome” was published in 1988 detailing how gaslighting affects women whose husbands have been or were involved in extramarital affairs during the course of the study. The research showed how vulnerable women are to becoming victims of gaslighting due to the perpetuation of existing gender stereotypes when the women involved raised valid concerns about their spouse’s cheating. 

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However, this does not mean that men cannot become victims. According to a study by YouGovAmerica, 32% of men have experienced manipulation from their partners at least once in their lives. Male victims of psychological and emotional abuse are also less likely to be believed due to gender stereotypes. Due to those gender stereotypes, men may also be less likely to recognize when they are being gaslighted.

To be able to recognize gaslighting, it is important to understand what gaslighting is not. Gaslighting is different from having a genuine disagreement with your partner. Gaslighting occurs over a long period of time, with repeating instances, and is unique in that:

  • Partner A is consistently listening and adjusting their behavior according to Partner B’s perspective. 
  • Partner B is consistently negating Partner A’s perspective and undermining their confidence regarding their perception. Partner B also always insists that they are in the right and that Partner A is being irrational and exhibiting toxic behavior.

Gaslighting is a method to stop the immediate conflict but only at the expense of making the victim insecure and tearing down their self-confidence. In extreme cases, and especially with multiple abusers, victims can develop anxiety disorders and paranoia due to the constant attack on their sense of reality. If you are a victim of gaslighting, it may be difficult to recognize the fact that you are being abused due to your abuser conditioning you to think that you are overreacting.  Before you make any decisions, it is important to speak with a Manhattan divorce lawyer.  

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What Are the Signs That My Spouse or Partner Is Gaslighting Me?

It may be difficult to recognize outright gaslighting behavior especially if you have already been accustomed to experiencing it that it has become normal to you. However, here are some telltale indicators that you may be able to spot that point to gaslighting behavior.

They lie and deny something happened even in the face of evidence

Often this comes as being dismissive of their partner/victim’s feelings, saying that they are exaggerating or overreacting when a concern is brought up. They may also say that the partner/victim is being emotional in an attempt to minimize the impact of the actual concern. 

This is common in adultery settings but also in general situations when they don’t want you to find evidence of a misdeed. (“I never did that, you must be going crazy.” or “I don’t know what you’re talking about.”)

They deflect and project guilt

One common way to catch a gaslighter in action is how they respond to guilt. When gaslighters are guilty of something or are called out for problematic behavior, they tend to deflect and switch up the conversation to something their partner/victim supposedly did. 

Your spouse may accuse you of making things up and lying even though you are telling the truth. This attempt to transfer blame and accountability is very characteristic of gaslighting. (“You stayed late at work again today. You’re cheating on me, aren’t you?”)

They engage in manipulative behavior

Gaslighting is an abuser’s way to exercise control over their victim. Often, this can involve the use of manipulative language. Your spouse may say things like “if you really cared about me” or “if you really loved me” in an attempt to get you to do something, even if you would have done it anyway. This is a form of emotional coercion.

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They make you question your own mental health

Being consistently questioned and doubted about things that you experience can have a great impact on your perception of things. You yourself can begin to second-guess and doubt your version of what happened. If a person like your spouse who supposedly cares about your well-being is concerned about your mental health, that must mean there is a problem, right? Unfortunately, gaslighters fake this concern specifically to cause you to question yourself.  

Your spouse might hide things from you and tell you that you are becoming forgetful or paranoid. This might make you unable to trust yourself which is how abusers keep control of their victims. 

They try and turn people against you

To maintain control over their victim, a gaslighter may try to isolate their victim to prevent them from realizing the extent of the abuse they are experiencing. This also helps the abuser hide their identity as being an abuser. It’s important to remember that most abusers do not seem abusive outwardly.

Your spouse may try using other people against you or lying about how other people perceive you to show that they (your spouse) are the only one who truly cares about you. They might also damage your credibility with your family and friends. This is a part of undermining your self-esteem in other relationships, making you more reluctant to tell others about the abuse. (“Your brother is spreading rumors about you.” or “I saw one of your friends saying bad things about you behind your back.”)

They don’t apologize or show you empathy 

In a healthy relationship, when one party expresses hurt, the correct response would be to empathize and acknowledge their emotions. A gaslighter would diminish and invalidate their partner/victim’s feelings and make it seem like it’s an irrational reaction. A victim of gaslighting may feel like their side is never heard and that they have to justify their emotions for their partner. 

This is a part of undermining your reality, by saying that you shouldn’t think or shouldn’t feel the way that you are thinking and feeling, they are making you feel like your emotions should be subject to their validation. (“You shouldn’t be jealous and overreact when we were just talking. Nothing even happened between us.”)

They make you doubt your contributions to the relationship

Through their gaslighting, your spouse can make you think that the dysfunctional aspects of your relationship are because of your actions and not because of your spouse’s gaslighting. You may feel the need to overcompensate because of your perceived fault. 

This highlights how gaslighting is about maintaining uneven power dynamics in your relationship whereas a healthy relationship would have a two-way dynamic. Your spouse may use your perceived guilt to force you to make decisions you are not comfortable making. 

Signs of Gaslighting Behavior Description
Denial of evidence Lying and dismissing partner/victim’s feelings when confronted with evidence or minimizing their concerns.
Deflection and guilt projection Accusing partner/victim of making things up and lying to transfer blame and accountability.
Manipulative behavior Using manipulative language to exercise control over the victim, such as saying “if you really loved me” to get the victim to comply.
Questioning mental health Consistently questioning and doubting the victim’s version of events to make them doubt their own mental health and perception.
Turning people against victim Isolating the victim and damaging their credibility with others to maintain control over them.
Lack of empathy and apologies Invalidating and diminishing partner/victim’s feelings and not acknowledging their emotions in a healthy way.
Making victim doubt their contributions Making victim think that the dysfunctional aspects of the relationship are their fault and using guilt to make them make uncomfortable decisions.

“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.”

What is Gaslighting?

Gaslighting is a tactic used to control and manipulate someone by invalidating their reality. It involves repeated instances of Partner B consistently negating and undermining Partner A’s perspective, leading to a loss of confidence and increased insecurity over time.

The signs of gaslighting include lying and denying events despite evidence, shifting blame onto the victim, manipulating them, questioning their mental health, attempting to isolate them, refusing to apologize, and making them doubt their contributions to the relationship. Victims of gaslighting may not recognize the abuse or feel too afraid to speak out, believing they are overreacting.

If you are a victim of gaslighting, seek help from trusted individuals, gather evidence, understand that you are not responsible for your partner’s behavior, avoid engaging in debates, acknowledge that the abuse is not your fault, and know when to leave the relationship. 

Separating yourself from your partner can help you rebuild your self-esteem and reduce self-doubt. Seeking the guidance of a therapist or counselor can also be beneficial. Remember that leaving an abusive relationship is not easy, but a skilled divorce lawyer can help you navigate the legal and emotional complexities of the situation. Call the Law Office of Richard Roman Shum today at (646) 259-3416 to schedule a consultation.

What is Gaslighting in a Marriage?

Gaslighting stands as a prevalent form of abuse within unhealthy relationships. It is a phenomenon that can manifest across various stages of romantic connections, including teenage relationships, adult partnerships, and even marriages.

The gaslighting might not occur during the initial phases of a relationship. The individual employing this manipulation technique might initially establish a foundation of trust. This factor contributes to the prolonged concealment of gaslighting behaviors.

Research indicates that gaslighting occurs when individuals manipulate stereotypes and other forms of inequality to exert control over their targets’ perception of reality. In relationships, the occurrence of gaslighting is common, especially within the context of domestic abuse.

Gaslighting functions as an abusive strategy with the intention of instilling doubt in an individual’s thoughts and emotions. It typically begins subtly, progressively twisting the victim’s understanding of reality. This manipulation can extend to seemingly minor occurrences, effectively masking any recognition of an underlying problem. This concealment is particularly powerful in relationships built on a foundation of trust.

An example involves the gaslighter convincing their partner that personal achievements and external relationships hold no significance. The ultimate objective is to position the abuser as the paramount figure in the victim’s life.

When facing challenges, such as gaslighting in marriage, a seasoned Manhattan divorce lawyer can provide invaluable guidance. At the Law Office of Richard Roman Shum, our attorneys can help navigate complex relationship issues, offering empathetic support and strategic legal solutions to empower individuals seeking to break free from toxic relationships and pursue a healthier future. Contact us today to schedule a consultation.

I Think I Am a Victim of Gaslighting. What Should I Do?

As a victim of gaslighting, here are some things you can do to help regain your sense of self back.

  • Seek the company of people you trust – You may approach a therapist, a family member, or a friend whom you know would be able to empathize with your experience. Being able to affirm your emotions can help a great deal to regain your confidence and trust in yourself
  • Gather evidence – Thanks to the advent of social media and technology, it’s easier to “keep receipts”. This involves keeping messages from your spouse, taking screenshots of conversations, and generally making sure that you keep your back covered. This will help you retain your sense of reality and prevent your spouse from causing you to doubt yourself.
  • Remember that correcting your spouse’s behavior is not your responsibility – It’s understandable to want to try and make things work even if you have been hurt by your spouse. You can choose to confront them about the gaslighting, however, the problem with confronting a gaslighter is that you’re putting the burden of proof upon yourself when you are the victim in the situation. Even though you may want to help your spouse change for the better, the change should be initiated by them and not you.
  • Do not engage in debates – It’s important to preserve your emotional energy and not waste it in unproductive discussions. A gaslighter’s aim is to twist the narrative for their self-benefit. “Winning” the argument is not worth the time and effort you expend in trying to make them see your perspective. Don’t exhaust yourself psychologically.
  • Realize that the gaslighting is not your fault – An important factor in recognizing that you are a victim of abuse is recognizing that your abuser is the one who should be accountable for their actions. While you may have been convinced that the dysfunction in your relationship is your fault, the gaslighting was initiated by the other person and they should be the one who must change the behavior
  • Recognize when it is time to step away from the relationship – If confronting your partner is not an option and you feel that they won’t change the behavior, it may be time to go your separate ways. Separating yourself from your partner may help you regain your self-esteem and help you reduce your self-doubt. 

Deciding to divorce a spouse can be difficult. If your spouse has been abusive, it may even further complicate the situation. Alongside seeking an experienced New York divorce attorney, it may be helpful to consult a therapist or a counselor as well.

At the Law Office of Richard Roman Shum, we provide compassionate assistance and quality legal counsel to spouses who seek to exit abusive relationships. Richard Roman Shum, an experienced New York divorce and family law attorney, has helped many families navigate the legal and emotional complexities of divorce. Contact us today at (646) 259-3416 or fill out our online form to schedule a free and confidential consultation with one of our skilled New York divorce lawyers.

For cases of domestic abuse, you may also call the NYS Domestic and Sexual Violence Hotline at 1-800-942-6906 or The National Domestic Abuse Hotline at 800.799.SAFE (7233).



from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-to-recognize-if-your-spouse-is-manipulating-or-gaslighting-you/

Friday, August 18, 2023

What Is the Divorce Process in New York Like?

Like most legal processes, filing a divorce can seem daunting for most people. Everyone has heard stories about how filing for a divorce in New York can be a lengthy process. Though it may be tempting to go at it by yourself, it is important to consider getting the help of a skilled Manhattan divorce lawyer. An attorney can prepare and verify your documents to prevent costly mistakes. An attorney can also help save you the grief it would take to negotiate and meet with your spouse in the event of a contentious divorce and provide insight on how to handle divorce when children are involved. 

At the Law Office of Richard Roman Shum, we provide quality and compassionate legal counsel and representation to individuals seeking to file a divorce in New York. Contact us today at (646) 259-3416 to schedule a complimentary consultation with one of our experienced New York divorce attorneys.

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Uncontested Divorce

An uncontested divorce is a kind of divorce where both spouses are in agreement on the terms of their divorce. This means that they have settled on the major aspects of their divorce such as child support and custody, visitation, asset distribution, spousal support, etc. While the process of an uncontested divorce may be easier compared to a contested divorce, it is still advisable to retain the services of a skilled New York uncontested divorce attorney especially if your spouse has a lawyer of their own.

Preconditions

To file for a divorce in New York, you must meet the following preconditions:

  • Residency Requirements
    • Either you or your spouse must have been living in New York for at least two continuous years before filing the divorce
    • Either you or your spouse must have been living in New York for at least one continuous year before filing the divorce and:
      • You were married in New York
      • You and your spouse lived in New York as a married couple
      • The grounds for the divorce happened in the jurisdiction of the state of New York
    • Both you and your spouse are New York residents when the petition for divorce is filed and the grounds for divorce happened in the jurisdiction of the state of New York
  • Grounds for Divorce
    • Irretrievable breakdown of the relationship for at least six months (by far the most common)
    • Cruel and inhuman treatment
    • Abandonment
    • Imprisonment
    • Adultery
    • Legal separation agreement conversion into a divorce
    • Judgment of separation conversion into a divorce

If you do not meet both of these requirements, you may not be able to file for a divorce in New York.

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Step 1: Filing

Like in most legal cases, divorce in New York also designates the parties as a Plaintiff and a Defendant. The Plaintiff is the spouse who files for the divorce, and their husband or wife is designated as Defendant.

The Plaintiff will need to pay a fee of $210 to have an index number assigned to the case. In the case that the Plaintiff does not have the financial capability to pay for the fee, it is possible to ask for the court fees to be waived.

If you and your spouse have agreed to the terms of your divorce and have an existing Settlement Agreement, you may also file it at the same time as filing for the divorce to be initiated.

As there are grounds allowing for divorce even if the Defendant is not present, a Plaintiff can petition for a divorce in absentia in New York. 

  • If the Defendant fails to respond to the court summons, a divorce by default may be obtained
  • Divorce by publication may also be an available option if the Defendant is unreachable. Serving a divorce by publication is considered an alternative service.

STEP 2: Serving the Defendant

Informing the Defendant that the Plaintiff has filed for a divorce is an important step in the divorce process. This is to ensure that the Defendant’s rights are also protected. A Summons With Notice (or a Summons and Verified Complaint, depending on the grounds for divorce) needs to be delivered to the Defendant.

A copy of the following documents must be served to the Defendant along with the summons, with the appropriate index number indicated on each document:

  • Notice of Automatic Order
  • Notice Concerning Continuation of Health Care Coverage

If the Defendant will not contest the grounds of the divorce (including aspects like child custody,child support, etc.) and can return the “Affidavit of Defendant” signed and notarized, the Plaintiff can directly be given to the Defendant. However, if you are unsure whether the Defendant will contest the divorce or will return the affidavit, the papers must be “served” to the Defendant.

Service

New York law requires that the Defendant in a divorce receive the Summons with Notice or Summons and Verified Complaint personally, barring specific exemptions. 

  • A Plaintiff in a divorce action cannot serve the papers themselves, but must have another legal adult (18 years and above) deliver the papers to the Defendant. 
  • The papers must be served 120 from the date when the papers were filed with the County Clerk
  • If the Defendant is currently residing in New York, the server for the divorce must be a New York resident. If the Defendant is being served out of New York jurisdiction, the server must be a person who can serve the divorce papers according to the law of that state.

The server must fill out an Affidavit of Service and return the document to the Plaintiff as proof that the Defendant was served in accordance with the law.

As mentioned, there are cases wherein service might be done unconventionally. 

  • If the Plaintiff cannot locate their spouse, it is possible to request permission from the court to publish a notice in the newspaper or at the courthouse indicating the divorce. 
  • On March 2015, New York County declared a landmark decision allowing a Plaintiff who had no other viable alternatives to service to serve the divorce papers through Facebook (Baidoo v Blood-Dzraku: 2015 NY Slip Op 25096)

It is important to seek the help of an experienced New York family law and divorce attorney to be able to understand the available options for you if you would like an alternative way to serve your divorce papers. Contact the Law Office of Richard Roman Shum today at (646) 259-3416 for a free consultation. Our skilled New York divorce attorneys may be able to help you explore your options with regard to service and advise you on other aspects of your divorce.

“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.”

STEP 3: Defendant’s Response

After service of the divorce papers, the Defendant can respond in three ways:

  • The Defendant can file an Answer with the Supreme Court. The Plaintiff would need to be served with the Answer. With this step, the divorce will turn from an uncontested divorce to one that is contested. Getting the help of a skilled New York divorce lawyer is recommended.
  • The Defendant can sign the Affidavit of the Defendant which formalizes their agreement to the terms of the divorce and accepts the conditions of the Summons With Notice or Summons and Complaint. The divorce action proceeds to calendaring.
  • The Defendant does not respond. This is called a divorce by default. The divorce action moves to calendaring.

STEP 4: Calendaring

Should the Defendant sign the Affidavit of Defendant or not respond after service (default), the process for uncontested divorce proceeds through completing the rest of the papers. The divorce papers will need to be filed either at the County Clerk’s Office or the Supreme Court Clerk’s Office

If the Affidavit of Defendant was signed and notarized, the rest of the papers may be filed with the County Clerk as soon as they are received by the Plaintiff subject to a $125 filing fee.

STEP 5: Judgment

The judge will sign the judgment of divorce once the divorce action is approved. The Defendant must be notified and served a copy of the signed judgment for the divorce to be finalized. This includes a subsequent Affidavit of Service to indicate the successful service of the decision. The judgment must also be filed with the County Clerk’s office.

Contested Divorce

The process for filing a contested divorce is roughly the same as an uncontested divorce. The shift in the process will branch out the moment the Defendant indicates that they do not agree with the terms of the divorce after being served the papers.

Once the Defendant files and serves the Plaintiff with their Answer, a Request for Judicial Intervention (RJI) must be filed within 45 days from the service of the Summons with Notice or Summons and Complaint. If a Notice of No Necessity is filed by both parties, the Request for Judicial Intervention must be filed within 120 days. Filing the RJI costs $95.

A preliminary conference will be held within 45 days of filing the RJI which will initiate the process of the exchange of papers and information between the parties. One of the major documents to be exchanged and filed with the court is the spouses’ individual Net Worth Statements. A compliance conference may also be ordered by the court if necessary.

After some additional conferences and meetings where the attendance of both parties may be required, Discovery must be completed with the Note of Issue being filed within 6 months from the preliminary conference. Discovery is the process in which both parties collect evidence on the grounds of the case, either from the opposing party or third-party sources. Discovery may be necessary in cases where there may be conditions like domestic abuse or adultery that require the establishment of supporting evidence. Filing the Note of Issue indicates that both parties are ready to initiate the trial.

In addition to the Note of Issue, a Statement of Proposed Disposition must also be filed. This document indicates the manner in which each spouse thinks the contested parts of the divorce should be resolved by the court. In most cases, the trial will be held within 6 months from the date of the preliminary conference.

One judgment has been indicated on the court records, additional documents must be submitted or mailed to the Matrimonial Clerk’s Office. These documents include the Notice of Settlement, Findings of Fact and Conclusions of Law, and Judgment. This period is crucial as once the papers have been filed and signed, any changes to the settlement agreement may not be entertained easily by the court.

“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.”

Category Uncontested Divorce Contested Divorce
Definition Both spouses agree on terms of the divorce Spouses cannot agree on terms of the divorce
Complexity Generally less complex Generally more complex
Legal Assistance May not require legal assistance Usually requires legal assistance
Timeframe Can be finalized relatively quickly May take longer to finalize
Cost May be less expensive May be more expensive
Required Documents Settlement Agreement, Affidavit of Defendant (if applicable) Request for Judicial Intervention (RJI), Net Worth Statements, Note of Issue, Statement of Proposed Disposition, and other relevant documents depending on the case
Court Proceedings May not require court proceedings May involve court proceedings such as conferences, Discovery, and trial
Outcome Finalized with a signed judgment of divorce Finalized with a signed judgment of divorce, with the court deciding on contested issues if necessary

How to File for Divorce in New York

In order to initiate a divorce in New York, certain prerequisites must be fulfilled, such as meeting residency requirements and determining grounds for divorce. Residency requirements mandate that either you or your spouse must have resided in New York for a minimum of two consecutive years before commencing divorce proceedings, or for at least one continuous year if specific criteria are met. There are various grounds for divorce, which may comprise irreparable deterioration of the relationship, cruel and inhumane treatment, desertion, incarceration, and infidelity, among others.

Once you have established that you’ve fulfilled these requirements, you can commence divorce proceedings by paying a fee of $210 to obtain an index number for the case. In order to inform the Defendant about the filing, it is necessary to serve them with a Summons With Notice or a Summons and Verified Complaint. The Defendant may respond in three ways: file an Answer, sign the Affidavit of the Defendant, or not respond. If the divorce is uncontested, the process proceeds to calendaring, and the judge will sign the judgment of divorce. 

It is recommended to seek the help of an experienced New York family law and divorce attorney to keep up with the necessary documents, set expectations on the process, and explore alternative ways to serve divorce papers. The Law Office of Richard Roman Shum provides quality and compassionate legal counsel and representation to individuals seeking to file a divorce in New York.

What Happens After Divorce Papers are Served in NY?

The divorce process starts when a spouse is served with divorce papers, a significant step in initiating a divorce case. Being served means that someone other than your spouse personally hands you the legal documents, known as a Summons and Complaint. It’s important to note that receiving divorce papers in the mail or directly from your spouse does not count as proper service. 

Once you’ve been formally presented with the legal documents, you’ll assume the role of the defendant within the divorce proceedings. The papers will outline the grounds for the divorce, the relief that the plaintiff (your spouse) is seeking, and the deadline by which you must respond. It’s crucial to understand that being served with divorce papers does not signify the finalization of the divorce process. Instead, it marks the beginning of the divorce proceedings, requiring you to respond within the timeframe set by the court.

In New York State, the response period after being served is 20 days. Failing to respond within this timeframe may lead to a default judgment being issued against you, granting the divorce on the terms your spouse has requested.

To respond properly, you must file a formal written response. Your response should address all the issues raised in the divorce papers, such as child custody, child support, spousal support, and division of property. Additionally, you have the option to file a counterclaim, a claim seeking other relief from your spouse.

If you’re wondering about what happens after being served divorce papers in New York, and the subsequent actions involved, it is crucial to get assistance from a skilled Manhattan divorce lawyer. At the Law Office of Richard Roman Shum, our lawyers can guide clients through the intricacies of this process. From navigating property division to negotiating child custody arrangements and spousal support, our skilled lawyers can offer you the support and clarity needed to make informed decisions as you move forward into a new chapter of your life. Contact us to schedule a consultation.

How Can a Divorce Lawyer Help Me?

Whether you are the Plaintiff or the Defendant in a divorce action, the skills and knowledge of a New York divorce attorney can be invaluable. Although hiring an attorney to file a divorce is not strictly required in New York, an experienced divorce attorney can help you keep up with the necessary documents and set your expectations on how each step of the process may take.

Richard Roman Shum, a skilled New York family law and divorce attorney is here to help. Richard understands the impact a prolonged divorce can have on a family. He understands how a divorce can be emotionally and financially exhausting to both parties. At the Law Office of Richard Roman Shum, we aim to provide quality legal services that help alleviate the stress and anxiety of dealing with a divorce. We present a pragmatic but compassionate approach to divorce law in an effort to provide the best possible outcome for our clients.

To schedule a free consultation with Richard Roman Shum, a skilled New York divorce attorney, contact us today at (646) 259-3416 or fill out our online form.



from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-the-divorce-process-in-new-york-like/

Monday, August 14, 2023

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.

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, 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/