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/