Divorce Law in Rochester

The first necessary step when filing for divorce in Rochester is to file a Complaint for Divorce in the county where you or your spouse reside. This Complaint outlines your basic marriage history and explains why you deserve a divorce.

The complaint must also specify your reasons—or “the basis”—for your divorce. New York is now a “no-fault” divorce state under New York Domestic Relations Law §170.7, which means that you may claim the “irretrievable breakdown” of your marriage over the prior six months as the reason for divorce. No further fault or “grounds” are needed.

The spouse who files the Complaint must notice the other spouse about the filing. Notice is satisfied by serving the summons and complaint personally. The Complaint must be delivered personally by a neutral party over the age of 18. Married couples who utilize no-fault divorce must settle all issues regarding support and property division prior to the divorce decree or the case will have to be heard by a judge at trial and he or she will decide the final terms.

Courts and Divorce

A trial in court can be avoided if the parties reach an agreement regarding payment or a waiver of spousal support, child support, child custody, and property and debt division. The parties could use mediation. Otherwise, the alternative to settlement is trial.

Once and if all issues are settled, the judge will issue a Judgment of Divorce. This legally terminates the marriage and resolves all marital obligations between the two parties. Both individuals are then free to remarry.

Spousal Support

As a result of the divorce, one party may still be required to help support the other financially. Often, this takes the form of the court ordering the higher-earning party to pay support to the lower-earning one, in accordance with the regulations outlined in New York Domestic Relations Law §236-B(6).

The monthly amount of spousal support depends on a mathematical formula and a variety of factors, including the needs and former married lifestyle of the parties. The court may use its discretion when awarding spousal support, and may apply or deviate from the formula, depending on factors such as the age, health, and future earning power of the paying and receiving party.

Let a Rochester Divorce Attorney Help

Anyone going through a divorce can benefit from a consultation with a Rochester divorce lawyer from Tully Rinckey PLLC. Our lawyers have experience in all aspects of divorce law and always strive to achieve the best outcome for our clients. Making an appointment with an experienced attorney can be the best decision you can make, so call our Rochester office today at (888) 529-4543 for a consultation. We are also available via email at info@tullylegal.com.


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