For most couples considering divorce in Rochester, their home is their most valuable asset, but it is also a possession uniquely filled with memories and hopes. How it is handled in the divorce is of overarching concern to both parties. There are general rules that govern how the house is handled, in keeping with New […]
Category Archives: Divorce
Handling the disposition of a marital home is one of the key elements of any divorce where the couple jointly owns their home in Rochester. In cases where the house will be retained by one spouse, the other will usually want to be removed from the mortgage to prevent any future financial liability. There are […]
Yes, when a divorce is finalized in Rochester, the orders issued by the court are to be followed to the letter. If your former spouse is disregarding the terms of the Judgment of Divorce, you are entitled to relief. Usually, just bringing the matter to the attention of the judge is adequate to resolve the […]
No, as a legal permanent resident living in Rochester, you are not only authorized to live and work in the United States, but to freely marry or divorce here without worrying about your immigration status. The same is true for your spouse. Divorce won’t change your permanent resident status, or interfere with any effort either […]
A law guardian is a lawyer that the court appoints to represent the interests of your children in Rochester. While the position the law guardian takes will be significant in a custody matter, rest assured that the law guardian’s position is not wholly determinative to the court. Regardless, whatever decision the law guardian makes as […]
Your attorney should review the specifics, but it may be necessary to seek pendente lite relief if your spouse has taken unilateral actions to prevent a previously agreed upon sale in Rochester. If the sale was agreed to in writing, you’ll have a stronger case, but even without a written agreement, it’s very likely that […]
Yes, when couples divorce in Rochester, men are as able to seek alimony (called “spousal maintenance” in New York) as women are. The deciding factor when it comes to an award of spousal maintenance is income. If you are the lower earning spouse in the marriage, and your spouse earns enough money to pay an […]
No, you have legal rights to access your home and property – as does your spouse – even when you’ve filed for divorce. Your spouse can’t kick you out of the home, damage, destroy, or remove your property, or otherwise deny you access to your home and property. If you have concerns that your spouse […]
You may or may not be able to convince your spouse up front to pay half of the filing fees, but if you file for divorce in Rochester, you can include reimbursement for filing fees as part of your settlement agreement. This is especially true if you and your spouse have very different incomes and […]
Unfortunately, there are only a few options for you when you need to expedite a divorce in Rochester. First, your goal should be get your spouse on board for an uncontested action, so you can skip the lengthy process of a litigated divorce. Second, you should be sure to work with experienced legal counsel who […]