It’s an unfortunate situation when one spouse supports the other through years of advanced training, only to see their investment walk out with the valuable license they feel they paid for. New York is one of just two states in the country that recognize your contribution, and require that the financial settlement ending the marriage […]
Category Archives: Divorce
No, Rochester’s bankruptcy courts consider spousal maintenance and child support to be a priority form of debt, and priority debts are not dischargeable. There are many reasons why a person might need to modify a spousal maintenance order, including unemployment, serious illness, or significant injuries that prevent you from working for a long period. When […]
No, you can file for divorce any time in Rochester, as long as you meet the residency requirements. Legal separation is not required, though it is an option for couples who aren’t sure what their next step should be, and there is no waiting period. And because of recent reforms in New York’s matrimonial law, […]
The State of New York has gone to great lengths to ensure that lack of funds does not equate to a lack of access to our courts, including divorce court. If your spouse has funds that you can’t access, one of the first steps your divorce attorney should take is to ask the court to […]
Yes, you are certainly entitled to engage the court and get a divorce without relying on attorneys in Rochester. The real question is whether that’s the best way to achieve your aims in the divorce, and whether doing so will end up costing you more in time and inconvenience than letting a lawyer ensure that […]
Yes, you have to continue paying child support even if your ex in Rochester remarries.The child support obligation is not related to your former spouse’s current marital status, income, or other considerations. All parents in Rochester are expected to provide material support for their children, within their means to do so. By using the New […]
Moving in with a new romantic partner will likely be cause for your former spouse to move to end spousal maintenance, as would marrying the new partner. In both cases, becoming financially paired with another party tells judges in Rochester that any economic need that may have required the original maintenance order is being met […]
Yes, remarriage is one circumstance that will cause spousal maintenance from a previous divorce to terminate. In most cases, cohabitating with a new lover will have the same effect. While no one should rush into a marriage before they’re ready, maintaining your former spouse’s financial support shouldn’t be a reason to delay marriage to a […]
Unlike child support, there isn’t a simple formula that courts use to determine the amount of spousal maintenance in Rochester divorces, or even whether it should be paid. In a litigated divorce, maintenance is likely to be a significant consideration the judge will have to resolve. In an uncontested action, on the other hand, maintenance […]
In many cases, spousal support isn’t intended to be a permanent shift of wealth from one person to an ex-spouse. While your former spouse may not remarry, if they begin cohabitating with a new partner, the support obligation generally ends. Much depends on the type of spousal maintenance agreement you sign onto, which will be […]