Daily Archives: November 30, 2014

Can I Prevent My Spouse From Taking Our Children Out Of The Country As Part Of Our Rochester Custody Agreement?

There are many situations where a custodial parent may want to take steps to prevent a child from being taken overseas during visitation with their other parent. In military families, one spouse may be assigned to duty stations abroad. Many families involve a spouse who is a foreign national or has close family ties in […]

Under What Conditions Are Pre-Nuptial Agreements Not Enforceable In Rochester Divorces?

In most circumstances, a prenuptial agreement allows two parties to clarify matters of property and inheritance at the outset of a marriage, protecting each in the event of a divorce. There are instances where a pre-nup can’t be enforced in a Rochester court, though, and it isn’t unheard of for a court to rule that […]

What Can I Do When My Spouse Won’t Let Me Back Into Our Home In Rochester To Retrieve My Things?

Things can get messy fast when one spouse files for divorce, and we see a lot of clients who believe they can lock their spouse out of their shared home in retaliation. In truth, this is an illegal act, but you should be cautious in how you proceed as you try to regain access to […]

Can Child Support Be Deducted From My Ex-Spouse’s Paycheck In Rochester?

Yes, and it often is. Erie County’s Office of Child Support Enforcement will manage the collections process and any delinquent payments. If your spouse is not employed, or not traditionally employed, the task can be more complex. Enforcement against a spouse who doesn’t have paychecks administered by an employer often involves alternative approaches that a […]

I Signed A Pre-Nup Years Ago That Was Never Reviewed By An Attorney. Is It Enforceable In Rochester?

It may not be. A prenuptial agreement that wasn’t entered into by two fully informed spouses can be attacked in a divorce, and in some cases, New York courts have found that these agreements are not enforceable and have set them aside. These cases tend to be complicated and involve a lot of back and […]