When a divorce action includes an order of protection based on a domestic violence incident, both matters will be assigned to the Integrated Domestic Violence Court, where a single judge will preside over your divorce, any hearings related to the order of protection, and any other actions or proceedings involving your family. The order of […]
Category Archives: Divorce
No, your divorce records will not be available to the public, and Rochester courts will only grant access to you, your spouse, and your attorneys. This way, individuals don’t have to worry that financial information or allegations of misconduct will fall into the wrong hands, and identifying information like the name of minor children won’t […]
One significant way to keep costs down in a Rochester divorce is to be willing to negotiate and keep items of contention to a minimum. A negotiated settlement will be much less expensive than a litigated one. Beyond that, keep things organized. When you have calls or meetings related to your divorce, have a set […]
It may be. While inheritances are generally understood to be separate assets, they are the separate asset of the person to whom they were bequeathed. If your relative left an inheritance to you and your spouse, the court may well take your relative at their word, and allow it to be a marital asset and […]
Yes, when it comes to the equitable distribution of marital assets, your role as a homemaker gets careful consideration, and your spouse won’t walk away with an outsized award just because they make more money. Judges in Rochester take great care to ensure that the lower-earning spouse in a divorce has the resources to move […]
Yes, a loss of inheritance rights is one of the factors that divorce judges take into consideration when they determine the final financial settlement in a litigated divorce in Rochester. In a long marriage, the loss of inheritance can represent a significant financial downturn for the lower-earning spouse. However, with effective representation, these matters will […]
If you’ve been out of the workforce for many years of your marriage, there are good odds that you will be entitled to extensive considerations in a Rochester divorce. Maintenance, also known as alimony, will be a primary topic of discussion, and an award of temporary maintenance is likely to be made at the outset. […]
In most cases, yes, you’ll be entitled to share in your spouse’s retirement benefits. As a rule of thumb, the longer the marriage, the greater the share of benefits you’ll be awarded. If you and your spouse are already retired and have had a long marriage, you can anticipate receiving a significant portion of your […]
When you file for divorce on grounds like adultery in Rochester, your final settlement figure is unlikely to be higher, but the costs related to your case almost certainly will be. To prove adultery, you’ll be required to build a legal case against your spouse, which means time and money on the part of your […]
Our pets have an increasingly powerful role in our lives, and even in families with children, they often hold a similar emotional place that the kids do. In divorce, who gets the family dog or cat can be an extremely contentious matter, and one where judges in Rochester have little guidance. In the law, pets […]