Legal Guidance Throughout the Divorce Process Serving Rochester, NY
Getting a divorce can be an emotional and challenging experience. The end of your marriage affects nearly every aspect of your life, as you must settle family law matters such as child custody and visitation, child support, and property division.
Whether you and your spouse agree on how family issues should be resolved or you don’t quite see eye-to-eye, having a family law lawyer on your side can help you through this difficult time.
A knowledgeable divorce attorney in Rochester, NY, can provide an objective perspective and pursue alternative dispute resolution methods to seek a just outcome for you and your family.
At Duke Law Firm, P.C., our divorce lawyers aim to settle issues with as little animosity as possible. Our Rochester divorce lawyers deliver personalized attention and compassionate representation to understand our clients’ goals. By attending to the details of each case and applying our extensive knowledge of the family law, we develop thoughtful solutions for our clients.
When you choose our law firm for legal counsel, our lawyers will zealously advocate on your behalf, working to protect your legal rights and best interests. Recognizing that you may have many questions and concerns throughout your divorce case, our divorce lawyers will maintain constant communication and respond promptly to your phone calls and emails.
If you need help with your divorce in Rochester, NY, please contact our Rochester office at (585) 449-4987 today.
The Legal Process for Divorce in NY
To legally end your marriage in Rochester, NY, you must meet certain requirements and follow specific steps. A family court can only grant your divorce if you have been a resident of the state for the requisite amount of time. Generally, the residency requirement is 1 to 2 years, depending on your situation.
To begin the legal process for divorce, you must file a summons in the County Clerk’s Office in the county where you or your spouse live. The summons is your official request for the court to dissolve your marriage and contains the grounds (or legal reason) you are asking for a divorce.
In Rochester, NY, you can get a divorce based on no-fault grounds by stating that your marriage has been irretrievably broken for at least six months.
You can also file for a fault-based divorce for any of the following reasons:
- Cruel and inhuman treatment
- Imprisonment for three years or more
- Living separate and apart
After you submit your divorce papers to the court in Rochester, NY, you will receive two copies back, one of which you must have served on your spouse. Serving the documents informs your spouse that the divorce action has been initiated, and they can respond.
Service must be done by someone other than you who is 18 years of age or older and not involved in the divorce case.
Whether you are the person who initially filed (the plaintiff) or the spouse served with papers (the defendant), the legal process for divorce in Rochester, NY, can be complex, from the initial stages to the final order being issued. Allow our divorce lawyers in Rochester, NY, to provide the legal assistance you need to make sense of it.
The Timeframe for a Divorce in NY
Divorce proceedings in NY, can last for a few months up to a few years. The time it takes to finalize yours depends on several factors, namely whether you have an uncontested or contested divorce.
An uncontested divorce in Rochester, NY, is one where both spouses agree to end the marriage. They also agree on how key family law issues should be resolved, such as child support, child custody and visitation, spousal support, and/or property division.
These types of divorces are typically quicker to finalize.
With a contested divorce, the spouses might disagree on getting divorced, the grounds, and/or how to settle critical legal matters.
These divorces usually last longer than uncontested because there may be a lot of back and forth between the couple as they try to resolve things out of court through methods such as mediation.
Is Mediation a Good Idea in Divorce?
Mediation for divorce can provide a less-hostile atmosphere for you and your spouse to discuss matters.
Mediation is suitable for some partners contemplating divorce, but it is only sometimes the most promising option.
Both parties must be frank and agreeable to the divorce mediation approach.
The divorce case may also have to be scheduled for a hearing where a Rochester judge considers various factors to decide how issues should be handled.
What is a Wife Entitled to in a Divorce in NY?
Under NY's fair matrimonial laws, a wife gets to keep any separate property that was brought into the marriage. In addition, any marital property in New York during the marriage is divided during the divorce process.
Regardless of whether your divorce is contested or uncontested, the process is rarely simple. You might need to negotiate or compromise with your spouse to settle matters, and you might not be sure if the agreements are fair.
Our Rochester divorce lawyers can review your situation and applicable laws to identify practical solutions for you.
Get the Legal Guidance You Need for Your Divorce
Divorces can have a significant impact on your family. Thus, they must be handled with sensitivity and care. Our Duke Law Firm, P.C. legal team delivers ethical and honest legal representation while handling these delicate family law matters.
Speak with our divorce lawyers serving Rochester by calling (585) 449-4987 or contacting our law firm online.
ReviewsFormer clients share their experiences
Legal BlogStay updated with relevant news