A divorce is a multi-faceted legal procedure that requires a comprehensive approach. Even if both spouses are prepared to handle asset division and child custody amicably, many nuances can arise during the process.
Regardless of the reasons and circumstances behind the divorce, each spouse should seek legal assistance. Without a seasoned family attorney, there is large room for error, which leads to rights violations. Working with an experienced Rochester divorce lawyer may help you protect your rights and achieve a favorable outcome.
In the state, there are several types of divorce that may impact the legal approach and process.
In a contested divorce, the spouses disagree on one or more critical issues, such as asset division, child custody, or child support. Therefore, the Court must intervene to resolve these disputes.
An uncontested divorce occurs when both spouses agree on all terms, including property distribution and child custody. In this case, the divorce may proceed without the Court’s intervention.
A fault-based divorce is when one spouse accuses the other of misconduct, like adultery or abandonment, as grounds for the divorce.
In a no-fault divorce, neither spouse is blamed for the breakdown of the marriage. Instead, it is based on an “irretrievable breakdown” of the relationship for at least six (6) months.
A military divorce involves at least one spouse who is an active or retired military member. This type of divorce requires navigating specific legal considerations, such as residency requirements, military benefits, and federal laws like the Servicemembers Civil Relief Act (SCRA).
Each type of divorce requires collecting evidence, filing the necessary paperwork on time, and understanding state laws. An adaptable marriage dissolution attorney in Rochester may guide someone through the process according to their unique situation.
New York is not a 50/50 divorce state, meaning that the Court will divide marital assets and debts based on several factors instead of splitting everything equally. Some of the factors the Court may consider include:
Because of these various factors, it can be difficult for spouses to receive fair treatment during the division of assets. Both parties must provide compelling evidence to prove their right to custody or marital assets. Married couples in Rochester facing legal separation should work with a lawyer to ensure their rights are protected.
Whether you are planning a divorce or your spouse has made an unexpected decision, it is essential to protect your rights. Even a seemingly straightforward divorce involves many complexities, and mishandling even one aspect may have long-term consequences for your life.
At The Colwell Law Group, LLC, our team of relentless divorce attorneys has helped hundreds of people navigate the divorce process and achieve their desired outcomes. To schedule a complimentary consultation with a Rochester divorce lawyer, contact us today.
Colwell Law
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(518) 462-4242
1241 Pittsford Victor Rd