Whether a person arrested in the Buffalo area for drinking and driving is required to pay bail money before being released depends on the specific facts and circumstances of the case. The purpose of requiring bail is to ensure that the defendant will return to court to face the charges. If the defendant pays bail…
All financial records are subject to discovery in a divorce in Rochester, but you can get a head start by collecting things like the past two years’ tax returns, pay stubs, statements from bank accounts, brokerages, credit cards, retirement accounts, and more. Large assets like homes or businesses will most likely be appraised during the…
No, contrary to popular understanding, an annulment is typically much harder to achieve in Rochester, even if your marriage has been short. For the state of New York to allow an annulment, you’ll have to prove that there was a flaw in the origin of the marriage, like one of you was underage and therefore…
Yes, we represent clients whose divorce is complete, and are now facing a need to review elements of spousal maintenance, child custody, child support, non-compliance with court orders related to property, and more. Whether you have lost a job and need to modify payments downward, your former spouse has remarried and you require relief from…
While the court will order both you and your spouse to leave shared assets like credit cards and joint savings and deposit accounts alone, the period after being served with divorce papers can be a fraught one, and your spouse may not make good decisions based on the emotions they’re feeling. The best thing you…
Yes, many couples reach a point where they need time apart to decide whether their marriage can be saved, but that doesn’t negate their obligations to their children, shared financial ties, and other elements that would be just as applicable in a divorce. For some, being able to step away from the day-to-day stresses of…
A divorce judge can’t force you to retain counsel for your divorce, but if your divorce petition is incomplete or significantly unbalanced, the judge doesn’t have to approve the divorce. You may even have to start the whole process over again, with the expenses that go with it. Ultimately, if the court believes you are…
It is absolutely legal to file for divorce during a pregnancy, and the law makes clear that all parents in Rochester have a financial obligation to support their children. You should know that if you file for divorce during your pregnancy, you are likely to face an especially confrontational action, and your spouse will almost…
When a spouse chooses to be uncooperative, your divorce can become much more frustrating than it needs to be. If your spouse is evading a process server, they may think they can delay the divorce, or even stop it entirely, but that’s not the case. While evasion can cause annoying delays for a while, eventually…
In some cases, temporary maintenance may become permanent maintenance, but in the majority of divorces, maintenance after a divorce will be set for a particular duration. In very long marriages, those where one spouse has significant health problems, and similar situations, the divorce judge may order permanent maintenance. For younger couples with considerable earning power…
