No, spousal maintenance isn’t a required part of a divorce, and as more couples with similar earning power get married and then divorce, spousal maintenance is becoming more and more optional in negotiated settlements. In most marriages though, it’s easy to show a pattern of educational or professional sacrifices made by one spouse, to benefit […]
Category Archives: Divorce
In most cases, spousal maintenance is awarded for a set period of time, usually a number of years, and tying it to something like your children moving out may be appropriate. The important thing is not to confuse spousal maintenance with child support, which the non-custodial spouse is required to pay in every case, and […]
Yes, so-called durational spousal maintenance can be ordered so that you’ll have the resources to complete a degree and find work in your chosen field. Five year awards are very common, and it’s typically very easy to demonstrate to the court that maintenance used in this manner will result in your ability to thrive, economically […]
Spousal maintenance awards vary considerably in Rochester, and there’s no statutory formula to guide judges, as there is with child support. Judges examine each case on its merits, and consider a variety of factors in deciding how much spousal maintenance should be awarded, and for how long. Judges consider things like the length of the […]
In filing legal action in Rochester, the person filing the papers (the plaintiff) may not serve them to the person being sued (the defendant). There are a number of good reasons for this rule, but the most important has to do with the nature of our legal system. Every American has the right of due […]
A marriage of ten or more years is typically understood to be a marriage of long duration, but being married ten years doesn’t guarantee a lower-earning spouse permanent maintenance. A person who married at 25 and is divorcing at 36 will be considered to have quite a bit of earning potential ahead of them, and […]
Yes, a friend or relative over the age of 18 can serve divorce papers in Rochester, including your adult children. You should strongly consider the effect that such an action might have on the relationship between your child and your spouse before deciding on this path. If you and your spouse are having an amicable […]
The best way to serve your spouse with divorce papers in Rochester is through the use of a process server. Process servers are trained individuals whose job it is to notify people of pending legal action against them, and upon completion of the task, they provide what is known as an affidavit of service, proving […]
In domestic violence situations, divorcing your abuser is one of the most significant steps you can take to get free and start your life over. But protecting your personal information, including your telephone number and address is a big part of keeping you safe when dealing with someone who has hurt or threatened you during […]
When you prepare to leave an abusive marriage, or to end one once you’ve physically removed yourself from your spouse’s influence, you’ll have a number of extremely important concerns that have to be dealt with immediately. First and foremost is safety, for you and your children. The order of protection that’s in place will remain […]