Your son’s adolescence and the problems he may be experiencing probably don’t fall under the state’s definition of a “change in circumstances” for the purposes of child custody. Typically, a change in circumstance is understood to be a change in the parent’s life, such as a move, financial hardships or windfalls, and similar. That said, […]
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, […]
A Rochester driver convicted of Aggravated Driving While Intoxicated Per Se as a Class D Felony faces very serious criminal penalties. This is a criminal drunk driving offense that will result in a permanent criminal record, possible jail time and very high fines. If convicted of this charge, a defendant may be incarcerated for up […]
Rochester drivers who are repeatedly arrested for drinking and driving often will be charged with enhanced criminal offenses and face additional penalties. They also face greater penalties when found to have an extremely high blood alcohol content. The offense of Aggravated Driving While Intoxicated Per Se as a Class D Felony is a very serious […]
For a Rochester driver who has been convicted of an alcohol or drug related driving offense, continuing to drive can carry very serious penalties. Aggravated Unlicensed Operation in the Second Degree is an unclassified misdemeanor, which is a crime in New York State and will result in a criminal record. When the reason for the […]
A Rochester driver convicted of any alcohol-related driving offense will have his or her driver’s license suspended or revoked for a period of time. A driver caught driving without a license – or driving outside the terms of a conditional license – during this period of suspension or revocation may be charged with Aggravated Unlicensed […]
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 […]
Almost. When you file for divorce, you will be providing the court with what is known as a complaint, which will include the relief you seek. That may include spousal maintenance, division of assets, and child support, among other things. The court will make an order for child support, and while payments won’t begin same-day, […]
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, […]