Author Archives: Friedman & Ranzenhofer

My Rochester Divorce Attorney Wants Me To File A No-Fault Divorce, But My Spouse Cheated. What Should I Do?

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 […]

Do Marital Assets Continue To Accrue During A Divorce In Rochester?

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 […]

When I File For Divorce, Will My Spouse Be Ordered To Leave Our House In Rochester?

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 […]

Can I Seek A Custody Modification In Rochester Immediately After My Divorce?

You can seek a custody modification in Rochester when your circumstances change significantly and make the existing custody agreement untenable. If this happens immediately after your divorce, such as by getting a job offer in another city or state, that is grounds to take your issue before a judge for a new hearing. Generally speaking, […]

Is Child Support Tax Deductible To The Payer In Rochester?

No, child support is not tax deductible to the payer, nor taxable income to the recipient. Spousal maintenance (alimony) is tax deductible to the paying spouse and taxable income to the recipient spouse, but when it comes to the costs of raising a child, the IRS treats your child support payments the way it would […]

Do I Have To Continue Paying Child Support If My Child In Rochester Has Moved In With Me?

If you are subject to a child support order and your child has moved in with you, you will not have to continue paying child support, but you do have to go to a judge to have the child support order removed before you can stop paying. That’s an extremely important caveat, and if you […]

How Can I Find Out If My Spouse Has Filed For Divorce In Rochester Without Telling Me?

To find out if your spouse has filed for divorce against you but not served you yet, you can contact the County Clerk’s office for more information. If you find that your spouse has filed, you should promptly consult a divorce attorney for yourself to better understand your options. There are many reasons why your […]

How Much Of Our Home’s Appreciation, Which Is My Spouse’s Separate Asset, Am I Owed In A Rochester Divorce?

How much of the appreciation on a home that is owned by your spouse is yours to share in Rochester depends on several factors, most importantly, how much money you have put into the property that helped add to the appreciation. For a couple in a relatively short marriage who have split the mortgage payments […]

What Happens If A Rochester Area DWI Defendant Refuses The Breath Test And The Hearing Is Postponed?

When a Rochester driver is stopped for drinking and driving and refuses to submit to a breath test, his or her driver’s license will be suspended at arraignment, which is usually the first court appearance. The matter of refusing the breath test is then turned over to the Department of Motor Vehicles, which will hold […]