Paying for attorneys to ensure that you get a fair settlement that protects you and your children in a Rochester divorce can seem like a high barrier to meet. Many people stay in marriages for far too long because they worry they won’t be able to pay the costs associated with leaving the marriage, but […]
Category Archives: Divorce
Yes, if you and your spouse needed more time to think through your options and became legally separated a year ago, you already have the framework in place for a divorce settlement. Converting a separation agreement to a divorce settlement is known as a conversion divorce, and while they’re not as common as they were […]
No, you are not required to legally separate to divorce in Rochester or anywhere else in New York. Under reforms passed in 2010, one spouse can file unilaterally if they wish, under the Irretrievable Breakdown grounds, and start a divorce at any point in time, assuming residency requirements are met. If your divorce is uncontested, […]
Your spouse shouldn’t be able to make you pay HOA fees for a house you let go of in your divorce settlement in Rochester, but depending on the particulars of your negotiations, there may be reasons for you to agree to pay them for a period of time. On the other hand, if your case […]
The issue of grandparents’ rights to visit after a divorce is a complicated one, because while grandparents have no independent right to visitation, your former spouse has wide latitude within the scope of the custody agreement you’ve signed. If the agreement doesn’t specify the exclusion of your former spouse’s parents, or otherwise address the issue […]
Yes, a contested divorce can become an uncontested divorce at any point – and vice versa – if you and your spouse can reach a negotiated agreement on whatever issues are outstanding. At the Preliminary Conference, the two sides will go through a checklist of items relevant to your divorce to see what elements you […]
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 […]
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 […]
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 […]
If your marriage is on the rocks in Rochester, you’re dealing with a lot. It can be hard to know what your next step is, but if you and your spouse are discussing divorce, it may be time to begin some more targeted conversations. What assets do you share between you, and how do you […]