Author Archives: Friedman & Ranzenhofer

After A Long Marriage, Will A Divorce Deprive Me Of Inheritance Rights To My spouse’s estate in Rochester?

Yes, a loss of inheritance rights is one of the factors that divorce judges take into consideration when they determine the final financial settlement in a litigated divorce in Rochester. In a long marriage, the loss of inheritance can represent a significant financial downturn for the lower-earning spouse. However, with effective representation, these matters will […]

What Does The Court Consider When Deciding To Issue A Hardship License?

A Rochester driver who is arrested for DWI and took a breath test will, in almost all cases, have his or her driver’s license suspended at the first court appearance. While the defendant is eligible for a conditional license after thirty days, many people have to be able to drive for work or school during […]

When Is It Legal To Stop Someone At A Rochester Area DWI Checkpoint?

Both the U.S. Supreme Court and the New York Court of Appeals – the highest court in the state – both determined many years ago that the use of checkpoints or roadblocks by the police to randomly screen drivers is not necessarily a violation of a driver’s rights. Many Rochester area police agencies continue to […]

What Are The Penalties For Circumvention Of An Interlock Device?

A Rochester DWI defendant who is required to use an ignition interlock device and attempts to damage it or avoid its use is subject to serious criminal penalties. Circumvention of an Interlock Device is a Class A Misdemeanor, which is a crime in New York State. A person convicted of this offense may be sentenced […]

What Is Circumvention Of An Interlock Device?

New York’s requirement that defendants convicted of DWI have an ignition interlock device installed on all vehicles they drive is one of the biggest changes Rochester criminal lawyers have seen to DWI law in recent years. The ignition interlock device is a machine installed in the car that checks for alcohol on the breath of […]

Do Rochester Judges Usually Give Custody To The Mother?

While the laws governing divorce and child custody matters in New York are gender neutral, courts care substantially about protecting the special bond that exists between children and their primary caregiver. Because there are still disparities in workforce participation and earning power, men continue to play the majority of the role of breadwinner, while women […]

What Am I Entitled To If I’ve Been Out Of The Workforce For Many Years And My Spouse Filed For Divorce In Rochester?

If you’ve been out of the workforce for many years of your marriage, there are good odds that you will be entitled to extensive considerations in a Rochester divorce. Maintenance, also known as alimony, will be a primary topic of discussion, and an award of temporary maintenance is likely to be made at the outset. […]

Am I Entitled To Part Of My Spouse’s Pension If We Divorce In Rochester?

In most cases, yes, you’ll be entitled to share in your spouse’s retirement benefits. As a rule of thumb, the longer the marriage, the greater the share of benefits you’ll be awarded. If you and your spouse are already retired and have had a long marriage, you can anticipate receiving a significant portion of your […]

If I File In Rochester On Grounds Of Adultery, Will The Settlement Figure Be Higher?

When you file for divorce on grounds like adultery in Rochester, your final settlement figure is unlikely to be higher, but the costs related to your case almost certainly will be. To prove adultery, you’ll be required to build a legal case against your spouse, which means time and money on the part of your […]

Who Gets The Custody Of Our Family Dog In A Rochester Divorce?

Our pets have an increasingly powerful role in our lives, and even in families with children, they often hold a similar emotional place that the kids do. In divorce, who gets the family dog or cat can be an extremely contentious matter, and one where judges in Rochester have little guidance. In the law, pets […]