Divorce and Family Law – Legal Services in Rochester, NY

Things to expect during child custody proceedings

Steven Feder — Mon, 04 Jan 2021 18:29:10 +0000

Child custody is often one of the most challenging issues a separating couple or guardian has to face. To improve your chances of a positive outcome, make sure you’re well-prepared for the court hearing. Along with seeking an experienced family law attorney, here’s what to expect during the proceedings.

What You Must Know About Child Custody Proceedings

1. Limited Time Frame

A child custody case begins with the filing of a petition of custody. The person being sued will receive a court summons and is usually given 20 days to respond. It typically takes three appearances, at minimum, to resolve a child custody case; perhaps more if the matter goes to a full hearing (trial).

Because you have a limited time to prepare and present your case, a lawyer who is proficient in family law can help you form a compelling argument.

2. Small Courtroom

Family law child custody proceedings are heard by a judge. There is no jury. Furthermore, the proceedings are confidential and not open to the public. \

Child custody proceedings therefore usually take place in smaller, more intimate settings. Only a few people are in the room, including the child’s guardians or parents, a family law judge, an Attorney For The Child, perhaps the judge’s Law Clerk, the stenographer, the Court Clerk, and the lawyers. Dress appropriately and behave well, as you want the judge to view you as a responsible parent.

When it comes to family law, trust the skilled lawyers of Pirrello, Personte & Feder, PLLC, in Rochester, NY. With more than 120 years of combined trial experience, the attorneys at the firm have been providing clients with first-rate legal representation in family and real estate law, trusts and estates, divorce cases, DUI/DWI, civil litigation including commercial litigation and personal injury, among other practice areas. Should you need an experienced and responsive lawyer serving Monroe County and the surrounding areas, call their legal team at (585) 544-7090 to discuss your case, or get in touch with them on their website.

Five Tips for Getting a Divorce in the New Year

Steven Feder — Mon, 04 Jan 2021 18:23:46 +0000

For family law attorneys, the new year is one of the busiest times for divorces. You may be considering a separation from your spouse once the holidays are over. Here what you should know before getting started.

How to Approach a Divorce After New Years

1. Hire a Family Law Attorney Early

Speak with an attorney early in the process so you can be fully informed of your rights from the onset, especially if you anticipate your spouse being resistant or adversarial. In addition to being an experienced matrimonial practitioner, your attorney should also be someone with whom you feel comfortable talking about your marriage, due to the highly personal nature of divorce.

2. Avoid Making Major Life Changes Before Speaking to Your Attorney

If you feel the temptation to make major life changes once you decide to pursue a divorce, talk with your divorce attorney first to ensure there won’t be legal consequences. For example, if you decide to accept a job in a new city, you may find that there’s a minimum residency requirement before you can file for divorce. If your spouse files before you do, you could find yourself traveling back and forth for divorce proceedings. In addition, there are restrictions on transfers of assets during a divorce in New York State.

3. Determine Your Financial Needs

Before meeting with your attorney, gather any necessary documents and financial records to show the assets and liabilities you and your spouse share, as well as monthly household income and expenses. Your attorney will want this information as soon as possible to prepare ro protect your assets and your rights.

4. Determine Your Children’s Needs

If you and your spouse have children that depend on you for financial support, their needs will come first in any divorce. Courts are primarily concerned with preserving the status quo for children and minimizing the adverse impact that divorce has on their lives. Judges have been known to literally say “I don’t care about you, I care about your kids.”

To best represent you and your child’s interests, your attorney will need a clear idea of the children’s current and future needs, including the level of care and attention they require, their medical needs and expenses, and education-related costs.

5. Decide What You Want Out of Life After the Divorce Is Concluded

Before meeting your attorney, think about where you’d like to see yourself once the divorce is over. Do you want to change careers, cities, or go back to school? Do you want to remain out of the workforce so you can dedicate your time to raising your children? The sooner you consider these questions, the sooner your attorney can begin formulating a plan to meet your needs.

If you plan on filing for divorce after the new year, you need the right legal team on your side. The skilled professionals of Pirrello, Personte & Feder, PLLC, Attorney at Law in Rochester, NY, have over 120 years of combined experience serving residents of Monroe and the surrounding counties in civil law matters, including real estate, personal injury, litigation and family law. To learn more about their services, visit their website or call (585)-544-7090.

Four Frequently FAQs About Property Division During a Divorce

Steven Feder — Thu, 03 Dec 2020 03:55:13 +0000

Property division is a major component of divorce cases, taking each asset into account and ensuring an even distribution. However, depending on the details of the negotiation, a few factors could alter the outcome. Here’s what to know before meeting with your lawyer to determine the best approach.

A Guide to Property Division in Divorce Cases

Q: What could happen to my property in a divorce?

New York is an equitable distribution state, which means that a judge will examine each spouse’s income and the property they own. They’ll account for the duration of the marriage and each party’s age and health. Depending on the details of the case, this could result in an even split or one party getting more than the other.
Marital property is defined as “all that which is not separate property”, so it kind of begs the question, “what is separate property?” Generally speaking, separate property is:

–Property owned before the marriage (but an increase in value of that property might be marital property);

–Money received as compensation for pain and suffering in a personal injury case (provided that it was not co-mingled with other marital property or in any other way treated so that it loses its character as separate property);

–Property that was inherited by one spouse (again, if it was not co-mingled with other marital property or in any other way treated so that it loses its character as separate property);

–Property held apart as separate because of an agreement between the parties (e.g., a properly drafted and enforceable pre-nuptual agreement).

Q: How do they decide who gets the house?

If it is marital property it is presumed to be a 50/50 split, even if title is in one party’s name alone but the property was acquired during the marriage.

If the couple has kids, the court may award the home to the custodial parent so that they can make use of its features and provide a comfortable life for the children. The court will also examine the ability to make mortgage payments and each party’s claim to the property to make its final decision.

Q: What if my property is completely separate from my spouse?

The court will determine when the property was acquired and the circumstances surrounding its ownership. If it was yours before marriage or was given as an inheritance and it was not co-mingled with marital property or funds, then it’s yours to keep. If it’s found that the other party contributed to the property’s value, it will be counted among the other assets and divided fairly (“equitaby”).

Q: What if I own a business or some type of professional practice?

If one party was running the business on their own, they’ll receive full ownership. Cases where both parties were working together to ensure success will cause the court to evaluate personal interests. They’ll typically grant full ownership to the one who was putting in the most work while ensuring that the other spouse gets compensation, or, alternatively, order a sale of the assets.