Unfortunately, it probably will. Ending a marriage is extremely stressful, and it’s only human to try to blow off some steam and give your mind a rest for a night. The problem from the court’s point of view is that DUIs are often indicators of a substance abuse problem, and if your spouse chooses to […]
Category Archives: Divorce
The end of a marriage can bring out the worst in people, but there’s a difference between the normal course of difficult emotions people go through and making threats of violence against a spouse or a couple’s children. If your spouse is threatening your safety, you should immediately call 911. Not only will police in […]
Yes, a prenuptial agreement can be used to protect investment properties you own in Rochester and beyond. In fact, if your business is real estate investment, then the use of a prenup can help you and your spouse develop an understanding of what each person’s role is in regards to the investment properties, and what […]
No, the non-custodial parent does not need permission to move out of New York after a divorce, but doing so may impact your ability to continue with visitation as scheduled. If your custody agreement includes provisions barring you from taking your children out of state, you’ll have to return to New York to see your […]
Custody agreement modification when a non-custodial parent is moving out of state can be minor or major. The non-custodial parent is not obligated to the court-ordered visitations, so a lot depends on how involved your former spouse wishes to be as a parent. If they are picturing an ongoing relationship that includes visitation in the […]
Distribution of marital assets can be as painful or as painless as you want it to be. In a litigated divorce that features a divorce trial, the judge is likely to order valuable pieces liquidated, often at below-market rates, but if you and your spouse are willing to work together and avoid that outcome, the […]
While the rules of marital versus separate assets are clear at first glance, there are many situations that can convert an apparent separate asset into a marital one. If you invested heavily in a remodel or renovation to a separate asset with the expectation of enhanced earnings from the property, there may be a case […]
Yes, you and your spouse will be required to turn over a statement of net worth and any other relevant financial disclosures during the discovery phase of your divorce. If additional records are needed, such as if you believe your spouse is hiding cash or assets, the court can compel your spouse to provide additional […]
In many divorce situations, there is so much animosity between the parties that one or both may somehow feel justified in exaggerating or even fabricating allegations of misconduct against the other. Unfortunately, there’s no real way to prevent your spouse from making false allegations against you, but once it’s clear that this will be the […]
While spousal maintenance and child support are entirely separate elements in the divorce, in Monroe County, the Child Support Enforcement Unit will take action to enforce spousal maintenance orders when there is also a child support order in place. In some cases, it can be extremely difficult to get a former spouse to respond to […]