Author Archives: Friedman & Ranzenhofer

Am I At Risk Of Criminal Penalties In A Rochester Divorce If I Used My Spouse’s Credit Card Without Permission?

This is an issue that comes up in some divorces, and the truth is that it’s unlikely that you’ll face any criminal action related to use of a spouse’s credit card during your marriage. This is especially true if the card was used for purchases that benefited both spouses or the marriage generally, and not […]

Can I Move In With My New Partner In Rochester And Still Get Alimony?

If you move in with a new partner following your divorce in Rochester, you run a significant risk of losing alimony if your former spouse finds out. Read through your divorce settlement before you make any decisions. It is standard that spousal maintenance ends if the recipient cohabitates with a new partner, and some agreements […]

Can Changes Be Made To My Rochester Divorce Decree After It’s Issued?

In most cases, once your divorce decree is issued, that is the final piece of your divorce and, except for select parts that can be modified by the court, it can’t be changed. There are exceptions though, and in some circumstances it may be possible to appeal a divorce decree. These are highly unusual situations […]

How Is Blood Tested For Alcohol Content In The Rochester Area?

In most Rochester area DWI cases, the defendant’s blood alcohol content will be determined using a breath test machine. However, in some cases – usually cases involving motor vehicle accidents or on occasions where a breath test machine is unavailable – the defendant may be asked or required to submit to an actual blood test […]

Can A DWI Charge Be Dismissed In The Rochester Area Because The Defendant Did Not Get A Speedy Trial?

Some criminal courts in the Rochester area are very busy, and the speed at which cases are processed may be very slow. As with any criminal charge, a person charged with DWI is entitled to a speedy trial, and failure to provide the defendant with a speedy trial may lead to dismissal of the charge. […]

How Accurate Is The Rochester Area’s Breath Test Machine?

As experienced Rochester DWI lawyers, there are several areas we explore to determine whether the breath test result obtained by law enforcement is accurate and reflects the amount of alcohol actually in a client’s system at the time of arrest. The breath test machine is not a perfect device. While it generally is considered accurate […]

Can A Defendant In The Rochester Area Appeal A Drunk Driving Conviction?

A Rochester driver convicted of Driving While Intoxicated or other alcohol-related offenses faces very serious consequences at sentencing, including loss of driving privileges, substantial fines, and possible jail time. As with any conviction, it may be possible to appeal the DWI conviction, the sentence imposed, or both to a higher court. It is important, however, […]

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 […]