Category Archives: Divorce

Do I Have To Pay Child Support If My Wife Files For Divorce In Rochester While She’s Pregnant?

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 […]

Should I File In My Home State, Where We Lived And I Still Do, Or In Rochester, New York, Where My Spouse Has Lived For The Last Few Years?

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 […]

Can My Spouse Use Voicemails I Left As Evidence In Our Rochester Divorce?

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 […]

Am I At Risk Of Criminal Penalties In A Rochester Divorce If I Used My Spouse’s Credit Card Without Permission?

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 […]

Can Changes Be Made To My Rochester Divorce Decree After It’s Issued?

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 […]

Under What Conditions Are Pre-Nuptial Agreements Not Enforceable In Rochester Divorces?

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 […]

What Can I Do When My Spouse Won’t Let Me Back Into Our Home In Rochester To Retrieve My Things?

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 […]

I Signed A Pre-Nup Years Ago That Was Never Reviewed By An Attorney. Is It Enforceable In Rochester?

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 […]

Can My Ex-Spouse Interfere With My Visitation If I’m Behind On Child Support Payments In Rochester?

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 […]

Should I Use A Prenuptial Agreement To Shield My Rochester Business In The Event Of Divorce?

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 […]