Children of all ages may have stated wishes when it comes to which parent they live with or how their time is structured, but New York doesn’t have an established age at which the child’s desires become an important piece of a custody discussion. Typically, the older the child, the more interest the judge will […]
Category Archives: Divorce
At the Preliminary Conference, both sides will meet and discuss the pertinent issues of the divorce. The judge will often join the PC and address the parties, ask questions, and learn more about the issues. The sides will exchange statements of net worth, and fill out a Preliminary Conference form where the specific matters related […]
The length of the marriage can play a very significant role in the final divorce settlement for couples in Rochester. New York law calls for a number of factors to be evaluated when determining appropriate distribution of marital assets and establishment of support and maintenance. One of these factors is the length of the marriage, […]
New York gives grandparents very little preference when it comes to what, if any, role they should play in the life of a child whose parents have chosen to limit access to them. If both parents are considered fit to care for their children, then judges are typically reluctant to challenge decisions that rightly belong […]
Protecting the bond you’ve established with children in a blended marriage can be difficult when a couple who shares children from previous relationships divorces in Rochester. If you have not formally adopted your spouse’s children, courts will give broad leeway when it comes to how the parent chooses to structure their own child’s life. If […]
As recently as 2010, to get a divorce in New York, parties had to establish elaborate – and often fraudulent – cases against one spouse, who was said to be at fault. This might involve recruiting a person to testify that they had an extramarital affair with a spouse, or documenting abuse or abandonment that […]
Yes, you can file for divorce even if your spouse wants to work things out. In New York, you can’t be forced to remain married to someone, and your spouse won’t succeed by contesting the action on the grounds of, “But I don’t want to get a divorce.” Cases where a spouse isn’t ready for […]
For most people, being served with divorce papers is an extremely painful and emotionally confusing experience. In response, they may not behave entirely rationally, and they may also have questions about the appropriate action to take. For instance, if your spouse wishes to keep the house after the divorce, they may feel that leaving will […]
After you supply your spouse with your financial information, and they give you theirs, you will attend a Compliance Conference. If the parties agree that Discovery is complete, then the judge will likely poll the parties to determine which areas remain in dispute, and understand how far apart they are. If settlement can be reached […]
One important part of the divorce process in Rochester is ensuring that both sides fully understand their own, and their spouse’s, financial position so that an appropriate settlement can be made. During the Discovery phase of your legal case, you will provide a statement of net worth and relevant financial information to the other side, […]