No, Rochester’s bankruptcy courts consider spousal maintenance and child support to be a priority form of debt, and priority debts are not dischargeable. There are many reasons why a person might need to modify a spousal maintenance order, including unemployment, serious illness, or significant injuries that prevent you from working for a long period. When […]
Author Archives: Friedman & Ranzenhofer
Your prenuptial agreement may not be enforceable in Rochester divorce court if you didn’t have an independent attorney review it before you signed. While recognizing and enforcing contracts is an important legal principle that the courts try to uphold, judges are leery of contracts entered into without representation by one party. This hesitation becomes caution […]
No, child support is a priority debt obligation that can’t be discharged in a bankruptcy filing. Similarly to spousal support, these court orders can’t be wiped away with your credit card and other debt. However, because these support obligations are durable, it is possible to use a bankruptcy filing to clear away other debt, making […]
Although the fines associated with a drinking and driving conviction are already very high, most Rochester DWI lawyers are aware that over the years, New York State has added several different surcharges and fees that defendants are required to pay. These financial charges are in addition to any “fine” imposed by the Court. The Driver […]
A Rochester resident arrested for drinking and driving always faces the possibility of a sentence of incarceration. In most cases, whether a defendant will be sentenced to any time in jail is solely at the discretion of the judge. Under limited circumstances, however, New York State law requires that the defendant either be incarcerated for […]
A Rochester driver charged with Aggravated Vehicular Assault faces a class C felony, which is a very serious crime. This offense may result in a substantial sentence of imprisonment, high fines, and a permanent criminal record. When a driver is convicted of Aggravated Vehicular Assault, he or she may be sentenced to a term of […]
Rochester Criminal Defense Attorney For Those Arrested On Aggravated Vehicular Assault Charges Just as Rochester drivers face enhanced DWI penalties if they are repeat DWI offenders or are caught driving while extremely intoxicated, a repeat or extremely intoxicated DWI offender who is involved in a motor vehicle accident may face enhanced vehicular assault charges. Aggravated […]
No, you can file for divorce any time in Rochester, as long as you meet the residency requirements. Legal separation is not required, though it is an option for couples who aren’t sure what their next step should be, and there is no waiting period. And because of recent reforms in New York’s matrimonial law, […]
Parents often choose to live close to one another after a divorce so that they can both be present for their children and available to one another when needs unexpectedly arise. But because relations between the parents can be complicated and difficult following a divorce, sometimes it may seem easier to hire a babysitter than […]
The State of New York has gone to great lengths to ensure that lack of funds does not equate to a lack of access to our courts, including divorce court. If your spouse has funds that you can’t access, one of the first steps your divorce attorney should take is to ask the court to […]