Filing first won’t have any impact on the ultimate settlement, but there are times when it may be advantageous to file first. If you know you are ending the marriage and worry that your spouse may hide assets or empty accounts in retaliation, filing first and documenting the financial snapshot may be helpful. If you […]
Daily Archives: June 18, 2014
Usually not, and filing on grounds like adultery or inhuman treatment require that you develop sometimes complicated legal cases against your spouse. With New York’s irretrievable breakdown ground, you can have a much simpler, and much less expensive, divorce without the need to prove that your spouse is responsible for the end of the marriage. […]
Yes, if the court agrees that only one parent is appropriate to hold both the decision-making role of legal custody and the day-to-day parenting role of physical custody, then one parent can be awarded both. In extreme cases, the second parent may be denied visitation entirely, but usually the court will err on the side […]
No, you shouldn’t need to appear in court if your divorce is uncontested. In an uncontested divorce, you and your spouse are able to arrive at agreement on the major issues of the action, including child custody and support payments, an equitable distribution of marital assets and debts, spousal support, if applicable, and other issues […]
If you and your spouse genuinely cannot come to terms about the living situation, financial support, and other matters related to your children, a trial will have to be held. This process is expensive, emotionally exhausting, and, in most cases, extremely combative. Your children may be assigned an advocate who will represent their interests, while […]
Rochester drivers who are repeatedly arrested for drinking and driving may face a number of serious charges, with the specific charges depending on the circumstances surrounding the arrest. For repeat offenders who are found to have a very high blood alcohol content at the time of arrest, Felony Aggravated Driving While Intoxicated per se is […]
When a Rochester truck driver is arrested for Driving A Commercial Motor Vehicle While Intoxicated per se – Level II, he or she faces a misdemeanor charge. This is a criminal offense and will result in a criminal record if convicted. For a commercial motor vehicle driver with no prior record, the maximum possible jail […]
Felony Aggravated Driving While Intoxicated per se is one of the more serious drinking and driving charges defended by Rochester criminal defense lawyers. It is a class E felony under New York State law, which is a crime and results in a criminal record. A driver convicted of Felony Aggravated Driving While Intoxicated per se […]
In an effort to curtail large trucks from being operated by persons under the influence of alcohol, New York State has created special anti-drinking and driving laws that apply only when operating a commercial motor vehicle. Operators of commercial motor vehicles in Rochester should be aware that they are held to a higher standard than […]