The party filing first is the plaintiff and the responding spouse is the defendant. To a judge, it essentially makes no difference who was the first to file; plaintiffs and defendants are interchangeable when it comes to the decisions to be made by the judge. There are some procedural differences, however. The first to file is subject to the Notice of Automatic Orders upon filing, and that … [Read more...]
Do I Have to Go to Court for My Rochester Divorce? If I Do Go to Court, What Happens?
If your case has been resolved through negotiation, either in the collaborative process, outside of court with attorneys, in mediation, you do not need to appear in court. In fact, many of my clients do not even set foot in the courthouse. On the other hand, if the parties are unable to reach an agreement on all the issues, and the assistance of a judge is required, then you will need to go to … [Read more...]
Divorce in the Time of Coronavirus
Efforts to contain the spread of the coronavirus have significantly affected our lives. We are required to adapt and change in unexpected ways. As more restrictions arise, what worked before might not be possible. At this point, absent domestic violence or other emergency situations, courts are closed and unavailable. No new divorce actions may be commenced. Despite the shutdowns and complete … [Read more...]
What Are the Requirements for Filing for a Divorce in New York State?
To commence divorce action, a summons with notice or a summons and complaint need to be filed with the Monroe County Clerk's Office or the appropriate county clerk’s office. The complaint contains the necessary elements for the divorce, including the date of marriage of the parties, the jurisdictional basis (the connection between the marriage and New York State which gives New York the authority … [Read more...]
How Does the Court Deal with Parenting Issues as It Relates to Children
Decisions over parenting and the residential schedule of children are made by a judge upon the totality of the circumstances. The duty of the judge is to decide what is the best interest by considering everything in a child’s life, including their lives up to the trial, the relative strengths and weaknesses of the parents, the needs of the children, everything which might be relevant and have an … [Read more...]
What Is the Difference Between Legal Separation and a Divorce?
There are four reasons people remain legally separated and hold off on getting divorced: Taxes - As long as you are married, even if you’re separated, your tax filing status can be married filing jointly or married filing separately. You cannot file as an individual if you are married. Division of pensions and retirement accounts - Division of pensions and retirement accounts like a 401(k) or … [Read more...]
What Is a No-Fault Divorce in New York?
To obtain a divorce in New York you need grounds. Until October 2010, we were essentially considered a fault state, requiring proof of cruel and inhuman treatment, abandonment for a year or more, adultery and imprisonment for three or more years. Back then, the closest we had to a no-fault divorce was living with a signed separation and property settlement agreement for over a year. In October … [Read more...]
How Should I Prepare to Meet with My New Lawyer?
The most important thing to bring to your initial consultation with your attorney are your questions. Take some time to sit down and think about what is important to you, your goals and objectives. Think about not only the short term, but where you want to be in three, five, ten or 15 years down the road. That’ll help clarify where your goals lie and prepare you to inform the attorney of your … [Read more...]
How Long Does It Take to Complete the Divorce in Monroe County?
The amount of time it takes to complete a divorce depends on basically two things: the amount of time it takes to resolve all the issues between the parties and how long it takes for the judgment roll to be completed. Usually, the greater time is spent resolving the issues between the parties and either reaching a negotiated agreement or having a judge decide everything after a trial. This stage … [Read more...]
Who Pays for College After Separation or Divorce?
The only time a parent may be required to contribute to the college expenses of a child is when the parties are separated or divorced. Otherwise, parents may choose whether or how much to contribute to the college expenses of their children and a court will not make either parent pay. When determining how much parents will contribute in connection with a divorce or separation, a court will … [Read more...]
