Delivering Experienced Representation For You and Your Family During Difficult Times

When you are contemplating or facing a divorce in Lakeville or Rochester NY, you may have many questions. What will my life look like afterward? What will I keep, what will I pay, and what will I be paid? If there are children from the marriage, your attention might be mainly focused on child custody concerns. The more layers there are to your case, the more essential it is that you turn to a skilled divorce lawyer who has successfully represented a vast array of family law clients in Livingston County, surrounding Lakeville or Rochester, New York.

If you need a divorce attorney for contested divorce cases, you can turn to our attorneys, Katherine Fantigrossi, Catherine Fafone-Moyer, and Heidi Feinberg.  We serve clients in Livingston, Monroe, Steuben, Wyoming, Ontario, Wayne, Allegany, Orleans, and Genesee counties, so contact us today.

What Is The Difference Between A Divorce Lawyer And Attorney?

The difference between a divorce lawyer and attorney is a divorce attorney has chosen to concentrate their family law practice in divorce.  The majority of family law attorneys handle uncontested divorces and out-of-court settlements, but many do not want to handle the complexities of divorce litigation.  Our divorce attorneys are able to assist with amicable, uncontested out-of-court settlements as well as highly contested divorce cases.

When Should I Hire a Lawyer for Divorce?

Although it may seem you can represent yourself in a divorce, the paperwork alone can be challenging, and when one side has an attorney, representing yourself often leads to negative circumstances and extreme difficulties understanding what the judge expects from you during the process. 

Not only will a Duke Law Firm divorce attorney advocate your rights throughout the divorce, but you will also have some remedy for the stress you’re feeling knowing you have someone in your corner.

Types of Divorce in New York

You and your spouse may no longer be able to live together, but if the two of you can agree on property division, custody/visitation, and support, you can file an uncontested divorce.

What Is an Uncontested Divorce?

An uncontested divorce is a way for parties to end their marriage without court involvement. It typically involves an agreement between spouses, called a marital settlement agreement, in which they work out relevant issues. The court must approve the paperwork in order to finalize the divorce, but this can usually be done without court hearings. If there are children involved, it is important that a parenting plan be created. When going through an uncontested divorce, it is still advisable to engage the services of an experienced divorce attorney in order to ensure your legal interests are protected. 

If you and your spouse cannot agree on one or all of the issues between you, including asset/liability division and, of course, child custody, this is called a contested divorce.

What Is a Contested Divorce?

For a contested divorce, decisions on key matters are made by the Supreme Court in the county where your divorce is filed unless an agreement is negotiated by the attorneys and parties prior to the conclusion of your case.

Divorce is rarely a straightforward experience.

Some divorce cases will move past the point where settlement is likely and escalate to trial.

If you must proceed with a divorce in New York, you will want to consult with an attorney.  Your attorney can assist you to prepare for the legal proceedings to follow and meet all of the New York court’s procedural necessities so your divorce can proceed smoothly.

How is Property Divided After a Divorce?

Whether you engage in a contested or uncontested divorce, you are entitled to equitable distribution of marital property. For contested divorces, in determining a reasonable resolution, while the court often applies a 50-50 split, the court may weigh all factors to determine a fair distribution of assets, liabilities, and income.  Our attorneys concentrate in divorce law and are able to provide particular guidance on what is considered marital assets and debts and how courts tend to make a final ruling.

Can a Divorce Judgment be Modified?

If there is an issue with your divorce agreement, and you would like to petition the court for modification, our lawyers can assist with this process.  With over 25 years of family law experience, we have the skill and knowledge necessary to identify the issues present and guide you through the process of seeking a modification.

Contact Our Attorneys for Your Divorce and Post-Judgment Needs

You deserve qualified guidance through the steps of the legal process. You should not rely on advice from well-meaning friends who have been through a divorce themselves, as each case is unique.

For all your family law concerns, contact Duke Law Firm, P.C., with offices in Lakeville and Rochester to handle cases in Livingston and Monroe County as well as throughout the Southern Tier.  To schedule an appointment or consultation, we can be reached online  or by telephone at 585-449-4987.  Our offices are open Monday through Friday, from 9am through 4:30pm, by appointment only.

Consultation with Attorney Kat Fantigrossi

Consultation with Attorney Catherine M. Fafone-Moyer 

Consultation with Attorney Heidi Feinberg

Flat fees are available for individuals seeking an uncontested divorce. Contact our Livingston County family law firm for more information.