Yes, Rochester allows collaborative and mediated divorces, so many couples are able to dissolve their marriage without the expense or drama of a litigated divorce. Collaborative and mediated divorces are similar to filing an uncontested divorce action, but in mediation, the parties work with a neutral mediator to come to terms about the elements of […]
Category Archives: Divorce
While a verbal agreement isn’t enforceable, if you’ve moved and the original custody order is no longer workable, you’ll have to petition Family Court with a request for modification. This can be done in Rochester or the new jurisdiction where you live. The court will probably want to know why you chose to rely on […]
Discovery is the process by which the two parties in a divorce divulge their financial records, property lists, net worth statements, and similar material to one another in order for each side to develop a valuation. In other words, discovery is how your attorney learns about your spouse’s financial situation in order to develop an […]
No, not all divorces in Rochester include alimony, also known as spousal support or maintenance. For couples whose incomes are similar, or where a lower-earning spouse has an earning capacity beyond their current employment, maintenance may not be required to transition one spouse from married to single life. Maintenance is decided based on many considerations, […]
Yes, you’ll be ordered by the judge to retain life and health insurance policies for your spouse and children after you’ve been served with divorce papers. This is one provision in the automatic orders that are issued at the time of the filing, and among other things, you’ll be required to protect physical assets like […]
Yes, New York law operates under the presumption that the “less monied spouse” will be awarded legal fees as part of the divorce settlement, which allows for a spouse who may otherwise not be able to afford an attorney to pursue a divorce action against a spouse. In addition, you may be entitled to temporary […]
After the preliminary conference (PC), you and your spouse will both be required to meet the terms of the judge’s PC order, which will outline the issues in dispute and present a timeline for the exchange of financial information between the parties. This information will be used during discovery to identify each party’s net worth, […]
No, the equitable distribution of marital assets only applies to property acquired during the marriage. Homes, cars, jewelry, collections that have significant value, and other property that you brought into the marriage are considered separate assets and are not subject to distribution. Some assets that you may acquire during the marriage are also considered separate […]
It’s always a good idea to have any legal document reviewed by an attorney who works for you. The danger with not having your own representation and trusting your fiance’s lawyer in a prenup discussion is that in the best case, a prenuptial agreement will reflect the interests of both partners. When your fiance’s attorney […]
Maybe not. If you and your spouse are both in good financial condition and the end of the marriage doesn’t leave either of you in a reduced condition, you may not have to worry about support. On the other hand, if you’re both high earners and one spouse is taking over a large mortgage and […]