Category Archives: Divorce

What’s The Difference Between Legal Custody And Physical Custody?

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 […]

Does It Matter If My Spouse Files For Divorce Before I Do?

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 […]

What If We Can’t Agree On Child Custody?

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 […]

Is It Better To File On “Irretrievable Breakdown” Grounds?

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 […]