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:

  • Bigamy
  • 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.

Other Potential Concerns


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

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.

Call a Rochester Family Attorney for Help Today

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 (585) 326-5132 or email to set up an initial consultation and get started on your case.

Featured Attorneys


When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the country, coast to coast, we make sure you receive legal counsel and representation you can trust. A number of the partners in our firm have earned the highest possible ratings for their exceptional legal ability and high ethical standards, including the AV Preeminent peer review rating from Martindale-Hubbell and top ratings from Avvo, Best Lawyers, and Super Lawyers.

Commitment to Our Clients

Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.

Our Process

Our client-centered process is all about communication. During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.

Proud Veterans

Tully Rinckey PLLC is a Service-Disabled Veteran-Owned law firm founded by military veterans Mathew B. Tully and Greg T. Rinckey, and now employs attorneys who are veterans of the Armed Forces. The military ranks and roles of our attorneys range from a Brigadier General, former Judge Advocates of all Officer ranks, and attorneys who have served as enlisted and Non-Commissioned Officers. The principles of the U.S. military carry over into how we operate our firm. These include leadership, character, technical and tactical proficiency, strong communication skills, seeking and taking responsibility, understanding assignments, choosing the right people for the job, and teamwork.


“How does one even begin to say thank you to someone that applied her uncommon professional and interpersonal skills, and took the human interest to “hold my hand”, and guide me through unfamiliar and emotionally loaded waters. So often you were called upon to do the work of two attorneys (given the circumstances), and you did so repeatedly, comporting yourself each time with class, ethics and professionalism that are just a natural part of you. The caring, class and finesse often required in this case seem to come to you as naturally as breathing. While you may not fully appreciate your value, those of us that have been fortunate enough to have retained your services must surely walk away with a sense of gratitude (if not awe), equal to mine.”

J.A. on Partner Barbara King, Esq.

“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.”

G.H. on Partner Barbara King, Esq.

“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.”

L.H. on Tully Rinckey PLLC.

“This was the first time that I needed to hire a lawyer for a family court case and I was understandably nervous. Looking online I found Tully Rinckey and I will forever be grateful for their help, professionalism and support. When I spoke with them and eventually met in person; I knew that I was dealing with professionals who had my best interest in mind. Through their professional conduct and work we were able to settle the case outside of court.”

J.B. on Mario D. Cometti, Esq.

“Thank you it was a pleasure doing business with you. Honestly, you made this experience painless. Much appreciated happy customer.”

J. A. on Partner Barbara King, Esq.

Prior results do not guarantee similar outcomes.

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About Our Law Office in Rochester, NY

The highly acclaimed attorneys at the Rochester office of Tully Rinckey PLLC offer affordable legal services, including dental law, elder law, municipal law, and outsourced general counsel. The Greater Rochester Area office of Tully Rinckey PLLC opened in 2013. We serve individuals, families, and companies of all sizes in the Greater Rochester area and within the New York State Finger Lakes region. We provide services in a broad range of legal areas, including appellate law, business law, international business cross-border law, and litigation. We also offer a host of other legal services, including business consulting, estate planning, and security clearance representation.

To schedule a consultation at our Rochester office, call 5854924700 or email

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