Family law covers nearly every issue that could affect a family or married couple. Several different issues are often part of one case. A consultation with an experienced Rochester family lawyer could help you understand the law, your rights, and how to deal with your unique situation.
The average person may not realize that the law is always changing, but the skilled attorneys at our firm make a practice of keeping up-to-date on new court cases and statutes. Our knowledgeable and court-tested legal team is ready to assist with all your family law needs, including but not limited to annulments and divorce, adoptions, domestic violence protection orders, spousal support, and issues involving child custody, visitation, support, neglect, abuse and juvenile delinquency.
Annulling a Marriage
An annulment may occur when a court determines that a marriage was invalid at its inception. In such a scenario, the marriage is voided or erased as if it never happened, although offspring of annulled marriages are legitimate and child custody and support laws still apply. Some of the more common reasons to seek an annulment include:
One or both spouses under the age of consent
Force or fraud induced the marriage
Undisclosed physical condition that materially affects the marriage
Incapacity of either party to consent to marriage
Prohibited marriage between certain family members
Filing for divorce, on the other hand, requires different, specific legal requirements. To begin, the party seeking a divorce must file a summons with notice and complaint for divorce in the county where at least one party resides. The other party is then formally served with the pleading via in-person delivery within 120 days of filing.
If the parties can agree to terms and do not require the intervention of a judge, they may sign a settlement agreement that will be presented to the court with the judgment for divorce. The divorce judgment thus orders division of assets and other terms of the parties’ settlement agreement.
Financial Support for Divorcing Parties
Spousal support is financial assistance that one party in a divorce pays the other to assist with living expenses. It is designed to help the lower wage-earning party maintain their household after divorce.
Spousal support payments during the divorce proceedings, which can take months or up to a year, are called “pendente lite,” or temporary, maintenance. This type of assistance lasts only until the establishment of a final judgment order, which may grant long-term support following the divorce.
Durational support may be granted after a divorce and ends when the parties agreement or divorce judgment stipulates, upon the death of either party, or if the recipient party cohabitates with another person or remarries. In some circumstances, maintenance may be non-durational, meaning not time limited, if the recipient is not expected to become self-supporting due to age or illness
Helping Children During Divorce
Child custody and visitation (often referred to as parenting time or custodial access) are paramount issues that must be decided during the divorce process. Both legal and physical custody must be assigned either jointly between the parents or solely to one parent. If primary physical custody is granted to one parent, the other parent would typically have a parenting schedule that enables them to spend time with their child.
Furthermore, parents have a legal obligation to financially support their offspring until the child is 21 years of age, unless they are “emancipated” by virtue of becoming self-supporting, getting married, or entering the military. A dedicated family lawyer in Rochester can help determine what amount you could expect to pay or receive each month in child support based on your family circumstances.
The procedure to adopt starts with an application by the prospective adopting parents and involves a petition to Family Court, home study, background check, and report from an approved agency if an agency is involved. Once prospective parents are approved by the court an adoption is finalized.
Protective orders are meant to protect individuals who fear for their own safety or the safety of a child, often due to domestic violence. Also called restraining orders, these protections may be sought through the court and can order the perpetrator to stay away from and/or cease communicating with the victim, among other restrictions.
Family law is a broad topic that includes many components. The law can be complex, and you may need a Rochester family lawyer from Tully Rinckey PLLC to help you understand how the law affects you.
A meeting with one of our knowledgeable attorneys can help guide you through whatever issues you might encounter. Call 8885294543 or email firstname.lastname@example.org to set up an initial consultation and get started on your case.
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Let me begin with my continued respect and heartfelt thanks for all you did for me when a simple divorce spiraled out of control. As wounded as I was, I was painfully aware of the emotional toll the litigation was taking on you too. It was that empathy, accompanied by your phenomenal legal skills that kept me together during what was perhaps the most traumatic chapter of my life. I hope I am able to convey an impression of the depth of gratitude I have for you.
I retained Tully Rinckey PLLC for a child support modification, which became necessary following domestic violence incidents, my own disability as a result, and my children's increased needs. Tully Rinckey PLLC is professional, proactive and, most importantly, does not suffer fools. They focused on the legal arguments of the case and applied appellate decisions which were directly related. Most importantly to me, they took my case personally. As one who has seen many people promised the sun, moon and stars by attorneys who then treat them as a number, Tully Rinckey PLLC was invested in my case from the beginning. They were able to go directly to the heart of the matter without needing to destroy the other party. They kept the focus on my children's needs and, when the other party refused to settle and hired an attorney, Tully Rinckey PLLC went into overdrive making sure my children would get a fair hearing of the facts in court. They kept the main thing the main thing and her arguments on point. They also ensured that my disability accommodations were honored and was sensitive to the needs my disability created, which was incredibly important for my testimony. I have already recommended Tully Rinckey PLLC several times and will continue to do so.
I was represented by Ryan McCall in both custody and support matters. Ryan did an excellent job in both, and we were successful in both. I would highly recommend to anyone in need of great representation to contact Tully Rinckey and speak to Ryan McCall.
Thank you it was a pleasure doing business with you. Honestly, you made this experience painless. Much appreciated happy customer.
I would like to thank you for the wonderful job Tully Rinckey PLLC did on my behalf. In an unusual circumstance where the custody of my daughter changed for a period of 6 months because of Hurricane Irene, they managed to get the entire case dismissed.
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