Author Archives: Friedman & Ranzenhofer

If I File For Divorce In Rochester While I’m Pregnant, Will My Spouse Have To Pay Child Support?

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 […]

How Do I Complete My Divorce In Rochester If My Spouse Won’t Open The Door For The Process Server?

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 […]

Does Temporary Maintenance Become Permanent Maintenance When My Rochester, NY Divorce Ends?

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 […]

Do I Have To Pay Child Support If My Wife Files For Divorce In Rochester While She’s Pregnant?

When a spouse files for divorce during pregnancy, one of the first steps we take for our clients is to insist that a paternity test be performed. If you have any reason to suspect the child may not be yours, be very cautious in how you interact with your spouse and how you approach the […]

Following A Blood Test In The Rochester Area, How Can The Police Prove They Tested The Right Blood?

There are several reasons Rochester area police agencies prefer to use a breath test to prove blood alcohol content as opposed to blood test, even though the blood test is considered more accurate. One of these reasons is that the blood tested often must pass through several hands between the time it is drawn and […]

Do Rochester Area Courts Handle Felony DWIs And Misdemeanor DWIs The Same Way?

When a driver who previously has been convicted of Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated within the past ten years is re-arrested and charged with another DWI offense, the current offense will be raised from a misdemeanor to a felony charge. Misdemeanor DWI […]

Don’t The Police Have To Prove A Defendant’s Blood Alcohol Content When Actually Driving In The Rochester Area?

An experienced Rochester DWI lawyer will closely examine the breath or blood test results when defending against an alcohol-related driving offense. New York laws forbid driving with a blood alcohol content of .08% (or .18%, for the enhanced charge of Aggravated Driving While Intoxicated per se), which requires evidence that the driver’s blood alcohol content […]

How Are Prior DWI Offenses In The Rochester Area Proven In Felony DWI Cases?

A Rochester driver who is arrested for drinking and driving and has been previously convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated within the past ten years will almost always find the current charge raised to a felony offense. A felony DWI conviction […]

Should I File In My Home State, Where We Lived And I Still Do, Or In Rochester, New York, Where My Spouse Has Lived For The Last Few Years?

When a couple has multiple venues available for filing, we encourage people to talk to attorneys in both states. Because divorce law is decided at the state level, it may be more advantageous to you to work through the courts in your home state. Conversely, New York’s divorce law may offer opportunities to you that […]

Can My Spouse Use Voicemails I Left As Evidence In Our Rochester Divorce?

Yes, voicemails can be entered into evidence in a divorce in Rochester. This may feel like an invasion of privacy, but under the law, if you left a voicemail, you implicitly gave permission to be recorded, and that recording can be admitted by the court. Once a divorce is under way, we encourage our clients […]