Manhattan divorce lawyer Richard Roman Shum (https://www.romanshum.com/what-are-the-disadvantages-of-filing-for-divorce-first-in-new-york/), of the Law Office of Richard Roman Shum, Esq., recently published an article examining the challenges individuals may face when filing for divorce first in New York. While taking the first step in the legal process offers some control over timing and jurisdiction, Shum highlights the unexpected financial, legal, and emotional hurdles that can arise.

For those managing the complex aspects of divorce, understanding these disadvantages is crucial. Filing for divorce first designates the filer as the petitioner, responsible for initiating the process, paying court fees, and possibly facing increased scrutiny from the courts. According to the Manhattan divorce lawyer, “Filing for divorce first often comes with a financial and emotional burden that many people overlook until they are already deep into the process.”

Richard Roman Shum discusses several areas of concern, including timing, financial implications, and the potential impact on custody arrangements. The Manhattan divorce lawyer emphasizes the importance of careful preparation and the role of legal counsel in making informed decisions.

Initiating a divorce in New York requires the petitioner to cover initial court fees, which can start at $335. Beyond that, costs for serving papers, retaining legal representation, and possibly supporting temporary spousal or child support orders may quickly add up. Shum notes that petitioners may face prolonged financial obligations if their spouse delays proceedings or disputes temporary support terms.

Temporary orders, while designed to maintain stability, can be a significant financial strain. Shum explains, “These orders may require the petitioner to begin making payments before a full financial assessment, which can lead to overpayments until the final agreement is reached.”

When it comes to child custody, filing first can present unique challenges. Richard Roman Shum points out that courts prioritize the child’s best interests, often scrutinizing the petitioner’s actions to help ensure they support cooperative co-parenting. Filing first, especially without prior discussions with the other parent, might be perceived as aggressive, potentially affecting custody decisions.

Shum warns, “The petitioner must be prepared to demonstrate their willingness to foster a healthy co-parenting relationship, as the court’s perception of their intentions can heavily influence custody outcomes.”

Filing first may also lead to strained relationships, as it could be interpreted by the other spouse as hostile or controlling. This perception can heighten tensions, increase conflict, and complicate settlement negotiations.

While filing first offers some control over the legal proceedings, including jurisdiction and the timing of automatic financial protections, it does not guarantee favorable outcomes in property division or custody rulings. Shum explains that New York’s equitable distribution framework helps ensure a fair—but not necessarily equal—division of marital property, leaving both parties to present compelling evidence for their claims.

Additionally, the emotional weight of initiating a divorce can take a toll. The petitioner often carries the psychological burden of leading the process, from gathering documentation to making difficult decisions about property, finances, and parenting time.

Understanding the potential disadvantages of filing for divorce first is essential for those considering this route. Richard Roman Shum encourages individuals to evaluate their circumstances and seek professional legal advice before taking any steps.

“Taking the time to understand how filing first could shape your case can help you avoid unexpected setbacks,” Shum advises. Richard Roman Shum highlights that petitioners should anticipate defensive responses from their spouse, which may lead to prolonged litigation or challenges in controlling the narrative of the divorce proceedings.

For those contemplating divorce, careful planning and consultation are key. The Law Office of Richard Roman Shum, Esq. can offer dedicated support to individuals facing divorce proceedings in Manhattan. Whether initiating a divorce or responding to a petition, the firm can provide tailored guidance to help clients manage the legal, emotional, and financial aspects of this life-changing decision.

About the Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a trusted legal practice based in Manhattan, New York. The firm focuses on divorce and family law, providing compassionate and knowledgeable representation to clients throughout the divorce process. With a commitment to clarity and strategic advocacy, Richard Roman Shum and the team are dedicated to achieving outcomes that prioritize their clients’ needs and long-term stability.

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