Child custody in New York has two parts, legal custody and physical custody. The parent who has physical custody of the child is the one who provides a safe and stable home environment where the child resides. The parent who has legal custody is responsible for making significant life decisions for the minor child, like […]
Category Archives: Divorce
It doesn’t matter, divorce won’t be granted by a judge in Rochester until the spouses sign on to a settlement agreement that provides for an equitable distribution of marital property, including financial instruments and debts, and which fully addresses child custody issues. In other words, whichever spouse files first is just starting a process that […]
Child custody is an area where New York has an abiding interest. If you and your spouse, or ex-spouse, can’t come to an agreement about custody, the court will hold a trial and evaluate the competing custody petitions. The judge will focus exclusively on the best interest of the child. Typically, for physical custody, you […]
Irretrievable Breakdown is New York’s version of no-fault divorce. It is often the simplest and most cost-effective way to attain a divorce, and it doesn’t require your spouse’s approval. To get a divorce in Rochester on Irretrievable Breakdown grounds, you simply attest under oath that your marriage has broken down irretrievably and that this has […]
Depending on your circumstances, you may not have to appear in court at all. For instance, if you and your spouse are able to negotiate a division of your assets and debts and work out a plan for custody and co-parenting any minor children, your divorce process may be handled by your lawyers and you’ll […]