New York, NY - Filing for divorce first in New York may appear to be a proactive step, but according to Manhattan divorce lawyer Richard Roman Shum of The Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/what-are-the-disadvantages-of-filing-for-divorce-first-in-new-york/), doing so can carry several disadvantages that individuals should carefully consider. While initiating the process may allow one spouse to control the timing and venue, it can also impose additional financial, emotional, and procedural burdens on the filing party.

In New York, the spouse who files for divorce becomes the plaintiff, assuming responsibility for covering initial court fees and legal filings. This first move can influence the pace and tone of proceedings, particularly when the other spouse responds defensively. Filing first may seem advantageous for strategic reasons, but it also triggers immediate legal restrictions under New York’s Automatic Orders, including limitations on property transfers, insurance changes, and major financial decisions. As noted by Manhattan divorce lawyer Richard Roman Shum, understanding these implications is critical before taking the first step toward filing.

From a financial standpoint, filing first can mean bearing the upfront costs of litigation. In New York, filing fees alone can exceed $335, not including service costs and early legal retainers. Petitioners may also become responsible for temporary support orders before the case is fully evaluated. These orders are designed to maintain the financial status quo, but they often require the filing spouse to make payments based on preliminary financial data. This can result in overpayments or financial strain until a final settlement is reached. For individuals with higher incomes, the early imposition of temporary support obligations can create significant short-term disadvantages.

Beyond financial considerations, emotional and psychological challenges frequently accompany the decision to file first. The spouse who initiates the divorce often bears the burden of formally ending the marriage, which can heighten stress, guilt, and conflict within the family. Filing first can also affect child custody discussions. Courts may interpret the petitioner’s actions as assertive or uncooperative, influencing how judges assess each parent’s willingness to foster a healthy co-parenting relationship. In some cases, this perception may make custody negotiations more difficult or encourage prolonged litigation.

Additionally, filing first may inadvertently shift the balance of control in divorce negotiations. While it allows the petitioner to outline initial demands, it also provides the other spouse with the opportunity to study those requests and tailor counterarguments accordingly. This can prolong negotiations, increase costs, and make achieving amicable settlements more challenging. As Manhattan divorce lawyer Richard Roman Shum explains, petitioners must be prepared for how their filing could influence both the legal strategy and emotional dynamics of the case.

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

The Law Office of Richard Roman Shum, Esq. is a respected Manhattan family law firm providing comprehensive legal representation in divorce, child custody, support, and matrimonial matters across New York City. Led by attorney Richard Roman Shum, the firm is dedicated to helping clients navigate sensitive family law issues with clarity and confidence. With offices in Manhattan, the firm serves clients throughout New York City’s five boroughs and surrounding counties. To learn more or to schedule a consultation, visit www.romanshum.com or call (646) 259-3416.

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Website: https://www.romanshum.com/

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Phone: (646) 259-3416
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Website: https://www.romanshum.com/