A judge will only decide the terms of your divorce if you can’t negotiate them, and the truth is that both you and your soon-to-be ex-spouse will save a lot of time, money, and emotional energy if you can work together to negotiate agreement on financial matters, support, and child custody. Couples who can agree […]
Category Archives: Divorce
When you begin a divorce action in Rochester, it may help to consider yourself frozen in place for the short term. You’re still on the hook for all the usual payments you’d make – mortgage or rent, utilities, credit card payments, and so on. You and your spouse, along with your lawyers, will negotiate a […]
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If you’re ready to leave your marriage but can’t locate your spouse to serve the divorce papers, the court will require that you do a serious search of relevant databases to look for them. Our staff can help with the search and with documenting the search – a very important piece of the process that […]
Congratulations! Divorces can be stopped at any point in the process, it just depends on how far along your case has gotten. First, notify your attorney, and have your spouse notify their attorney, that you’ve chosen to reconcile. Early on in a divorce, you may not need to do anything beyond that. If your attorneys […]
It’s very important that you do. Not only does the court frown on any appearance that you’re disobeying its orders – in fact, you can lose custody if you violate court orders for visitation – but it’s important that your children know that even after a divorce, they remain part of a family that is […]
If you and your spouse have established a college savings plan for your child, that account will be treated as an asset subject to equitable distribution. In other words, whether you’ve opened a special savings account or created a tax-preferred 529 plan to pay into, at the time of the divorce, the monies will go […]
You do, but if your children are consistently reluctant to attend visitation or avoid it altogether, you may have grounds for an enforcement action of the custody agreement. Your ex-spouse has an obligation to uphold the terms of your agreements, and if it appears that they are influencing your children not to see you, there’s […]
No, assets you owned before the marriage are considered “separate assets.” New York law distinguishes “marital assets” from “separate assets” in divorce. Equitable distribution rules apply only to marital assets, which means that property you brought into the marriage is most likely secure. . It does sometimes come up that a spouse can show that […]
In Rochester, legally, you can’t force your spouse out, so don’t call the locksmith to change the locks while they’re at work. If you believe your safety is in jeopardy and the court agrees there is a threat of violence, the judge can remove your spouse, but that’s rare. The best way to get your […]
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 […]