When a spouse files for divorce during pregnancy, one of the first steps we take for our clients is to insist that a paternity test be performed. If you have any reason to suspect the child may not be yours, be very cautious in how you interact with your spouse and how you approach the […]
Category Archives: Divorce
When a couple has multiple venues available for filing, we encourage people to talk to attorneys in both states. Because divorce law is decided at the state level, it may be more advantageous to you to work through the courts in your home state. Conversely, New York’s divorce law may offer opportunities to you that […]
Yes, voicemails can be entered into evidence in a divorce in Rochester. This may feel like an invasion of privacy, but under the law, if you left a voicemail, you implicitly gave permission to be recorded, and that recording can be admitted by the court. Once a divorce is under way, we encourage our clients […]
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 […]
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 […]
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 […]
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 […]
It may not be. A prenuptial agreement that wasn’t entered into by two fully informed spouses can be attacked in a divorce, and in some cases, New York courts have found that these agreements are not enforceable and have set them aside. These cases tend to be complicated and involve a lot of back and […]
No, the custodial parent can’t deny you access to your children even if you are behind on child support. If your former spouse is interfering with your visitation, you should contact an attorney who can help you get the court’s help in creating appropriate boundaries for you and your ex-spouse. If you are behind on […]
Yes, prenuptial agreements are an excellent way to create certainty around which parties own what property at the outset, and possible dissolution, of a marriage. Knowing that your spouse may make investments or other contributions to your business, a prenuptial agreement can ensure that regardless of those contributions, the business remains a separate asset that […]