New York divorce lawyer Richard Roman Shum (https://www.romanshum.com/blog/what-can-be-used-against-you-in-a-new-york-divorce/) sheds light on the many ways actions and behaviors can influence divorce proceedings in his recent article, “What Can Be Used Against You in a New York Divorce.” The article, published by the Law Office of Richard Roman Shum, Esq., explores key legal factors that may be introduced as evidence in a New York divorce. From financial decisions to social media habits, Richard Roman Shum discusses how seemingly routine aspects of daily life may affect a court’s decisions regarding custody, asset division, and spousal support.
Divorce in New York is governed by both fault-based and no-fault grounds, and understanding these distinctions is critical. According to New York divorce lawyer Richard Roman Shum, fault-based grounds such as cruel and inhuman treatment, abandonment, adultery, and imprisonment require clear evidence to prove wrongdoing. In contrast, no-fault divorce can be pursued when a marriage has been irretrievably broken for at least six months. Despite the perceived simplicity of no-fault filings, complications can arise when either party attempts to bring evidence of misconduct into the proceedings.
A key focus of the article by Richard Roman Shum is the use of evidence such as adultery, domestic violence, and substance abuse, which can all significantly influence the outcome of a divorce. While proving adultery can be difficult due to New York’s requirement for “clear and convincing” evidence, it remains a potential basis for fault-based divorce. Financial records, witness testimony, and digital communications are all highlighted as possible tools to substantiate claims of infidelity. As emphasized by New York divorce lawyer Richard Roman Shum, “evidence must be concrete and persuasive, not merely speculative.”
Digital behavior is another crucial topic addressed. Richard Roman Shum outlines how social media content can be introduced in court, with posts showing luxury purchases, hostile comments, or romantic relationships becoming relevant to arguments about financial responsibility or parenting fitness. The article explains that even deleted or private content can be retrieved through subpoenas or legal discovery, placing added importance on discretion during the divorce process.
The article also addresses how a criminal record may influence court decisions. In cases involving child custody or spousal support, a judge may weigh past convictions, especially if they involve violence or financial irresponsibility. According to Richard Roman Shum, evidence of criminal conduct can impact the equitable distribution of assets and parenting arrangements if it reflects on a party’s ability to maintain a stable and safe environment.
Substance abuse and mental health are also covered, with Richard Roman Shum explaining that medical records, rehabilitation documentation, and expert witness testimony may be presented to demonstrate the impact of such issues on marital stability. This type of evidence can be particularly influential in custody decisions, where the court prioritizes the best interests of the child.
Additionally, the article outlines the importance of honesty and preparedness when working with a divorce lawyer. Richard Roman Shum advises individuals to maintain organized records, communicate openly with legal counsel, and avoid misrepresentation, as any discrepancies may undermine credibility in court. His perspective reinforces the notion that transparency and diligence are essential in securing a fair outcome.
Understanding the steps involved in filing for divorce in New York is also part of the broader picture presented. From preparing and filing legal documents to serving papers and attending court hearings, Richard Roman Shum describes a process that requires attention to detail and adherence to deadlines. He emphasizes that procedural missteps can delay or complicate divorce proceedings.
Behavioral conduct during divorce, whether online, in the home, or in the courtroom, is central to Richard Roman Shum’s analysis. By identifying what can be used against a party in divorce proceedings, his article serves as a practical guide for navigating this legal and emotional challenge. His discussion encourages individuals to be mindful of how their words and actions may be perceived and legally interpreted.
Protecting personal interests in a New York divorce requires awareness of what can potentially harm a case. Legal decisions are often influenced not just by financial and parental responsibilities, but also by conduct and communication, both past and present. Richard Roman Shum’s insights help demystify this process and offer a grounded understanding of the risks involved.
Those preparing for or currently facing divorce in New York may benefit from reading the full article and considering the guidance offered by the Law Office of Richard Roman Shum, Esq. Being informed and deliberate can make a substantial difference in navigating the legal system and achieving a balanced resolution.
About the Law Office of Richard Roman Shum, Esq.:
The Law Office of Richard Roman Shum, Esq. is a New York-based legal practice dedicated to representing individuals in divorce and family law matters. Richard Roman Shum provides legal support to help clients address the challenges of divorce with clarity and informed direction.
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