No, you are not required to legally separate to divorce in Rochester or anywhere else in New York. Under reforms passed in 2010, one spouse can file unilaterally if they wish, under the Irretrievable Breakdown grounds, and start a divorce at any point in time, assuming residency requirements are met. If your divorce is uncontested, […]
Yearly Archives: 2015
Your spouse shouldn’t be able to make you pay HOA fees for a house you let go of in your divorce settlement in Rochester, but depending on the particulars of your negotiations, there may be reasons for you to agree to pay them for a period of time. On the other hand, if your case […]
Yes, when custody is split 50/50 in a Rochester divorce, the parent who earns more will be considered the non-custodial parent for the purposes of child support payments. Many parents balk at this legal device, but the State of New York believes that every child is entitled to financial support until they can support themselves, […]
The issue of grandparents’ rights to visit after a divorce is a complicated one, because while grandparents have no independent right to visitation, your former spouse has wide latitude within the scope of the custody agreement you’ve signed. If the agreement doesn’t specify the exclusion of your former spouse’s parents, or otherwise address the issue […]
Either parent can petition Family Court for a modification of child custody in Rochester, and when the parents agree that there is a need, and agree on the details of the modification, the petition should move smoothly through the court. There’s no particular advantage to be had in one parent filing as opposed to the […]
When your ex-spouse wants you to take physical custody of one of your children, you should seek two modifications in Family Court in Rochester. First, you’ll want a court order that overrides the existing custody agreement and reflects your changed status with your son. Second, you should request a modification to child support to reflect […]
Yes, a contested divorce can become an uncontested divorce at any point – and vice versa – if you and your spouse can reach a negotiated agreement on whatever issues are outstanding. At the Preliminary Conference, the two sides will go through a checklist of items relevant to your divorce to see what elements you […]
Using the no-fault grounds, called Irretrievable Breakdown in New York, is likely to be your fastest and most cost effective path to a divorce, even if your spouse is at fault because of infidelity. It may feel like you’re missing a chance to have a judge ratify the case against your spouse, but the truth […]
As a general proposition, no, marital assets do not accrue during a divorce in Rochester, but the particulars of a given purchase can cause complications during a divorce. When you file, the court will endeavor to lock things like your financial picture in place, and valuations of property, retirement accounts, and other assets and debts […]
Except in cases of domestic violence, your spouse will not be ordered to leave your home in Rochester when you file for divorce. If you are dealing with abuse in the home, you can ask the court for an order of protection as part of your filing. Your spouse will be ordered to leave and […]