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When you are contemplating or facing a divorce in Lakeville or Rochester NY, you may have many questions. What will my life look like afterward? What will I keep, what will I pay, and what will I be paid? If there are children from the marriage, your attention might be mainly focused on child custody concerns. The more layers there are to your case, the more essential it is that you turn to a skilled divorce lawyer who has successfully represented a vast array of family law clients in Livingston County, surrounding Lakeville or Rochester, New York.
If you need a divorce attorney for contested divorce cases, you can turn to our attorneys, Katherine Fantigrossi. We serve clients in Livingston, Monroe, Steuben, Wyoming, Ontario, Wayne, Allegany, Orleans, and Genesee counties, so contact us today.
The difference between a divorce lawyer and attorney is a divorce attorney has chosen to concentrate their family law practice in divorce. The majority of family law attorneys handle uncontested divorces and out-of-court settlements, but many do not want to handle the complexities of divorce litigation. Our divorce attorneys are able to assist with amicable, uncontested out-of-court settlements as well as highly contested divorce cases.
Although it may seem you can represent yourself in a divorce, the paperwork alone can be challenging, and when one side has an attorney, representing yourself often leads to negative circumstances and extreme difficulties in understanding what the judge expects from you during the process.
Not only will a divorce attorney advocate for your rights throughout the divorce, but you will also have some remedy for the stress you’re feeling knowing you have someone in your corner.
You and your spouse may no longer be able to live together, but if the two of you can agree on property division, custody/visitation, and support, you can file an uncontested divorce.
An uncontested divorce is a way for parties to end their marriage without court involvement. It typically involves an agreement between spouses, called a marital settlement agreement, in which they work out relevant issues. The court must approve the paperwork in order to finalize the divorce, but this can usually be done without court hearings. If there are children involved, it is important that a parenting plan be created. When going through an uncontested divorce, it is still advisable to engage the services of an experienced divorce attorney in order to ensure your legal interests are protected.
If you and your spouse cannot agree on one or all of the issues between you, including asset/liability division and, of course, child custody, this is called a contested divorce.
For a contested divorce, decisions on key matters are made by the Supreme Court in the county where your divorce is filed unless an agreement is negotiated by the attorneys and parties prior to the conclusion of your case.
Divorce is rarely a straightforward experience.
Some divorce cases will move past the point where settlement is likely and escalate to trial.
If you must proceed with a divorce in New York, you will want to consult with an attorney. Your attorney can assist you in preparing for the legal proceedings to follow and meet all of the New York court’s procedural necessities so your divorce can proceed smoothly.
Whether you engage in a contested or uncontested divorce, you are entitled to equitable distribution of marital property. For contested divorces, in determining a reasonable resolution, while the court often applies a 50-50 split, the court may weigh all factors to determine a fair distribution of assets, liabilities, and income. Our attorneys concentrate on divorce law and are able to provide particular guidance on what is considered marital assets and debts and how courts tend to make a final ruling.
If there is an issue with your divorce agreement, and you would like to petition the court for modification, our lawyers can assist with this process. With over 25 years of family law experience, we have the skill and knowledge necessary to identify the issues present and guide you through the process of seeking a modification.
Divorce can be a complex and emotionally draining process, particularly when it comes to dividing assets and child custody arrangements. While it may be tempting to try to handle your divorce on your own, hiring an experienced divorce lawyer can provide numerous benefits and protect your rights and interests.
Some of the advantages of working with a divorce lawyer include:
At Duke Law Firm, P.C., our Lakeville divorce lawyers have extensive experience helping clients navigate the divorce process. We pride ourselves on providing compassionate and skilled representation to ensure the best possible outcome for you and your family.
You deserve qualified guidance through the steps of the legal process. You should not rely on advice from well-meaning friends who have been through a divorce themselves, as each case is unique.
For all your family law concerns, contact Duke Law Firm, P.C., A Family Law Firm, with offices in Lakeville and Rochester to handle cases in Livingston and Monroe County as well as throughout the Southern Tier. To schedule an appointment or consultation, we can be reached online or by telephone at 585-346-3220. Our offices are open Monday through Friday, from 9am through 4:30pm, by appointment only.
Flat fees are available for individuals seeking an uncontested divorce. Contact our Livingston County family law firm for more information.
Although it may seem you can represent yourself in a divorce, the paperwork alone can be challenging, and when one side has an attorney, representing yourself often leads to negative circumstances and extreme difficulties understanding what the judge expects from you during the process. Not only will a skilled divorce attorney advocate your rights throughout the divorce, but you will also have some remedy for the stress you’re feeling knowing you have someone in your corner.
In New York there are two types of divorces: uncontested or contested. An uncontested divorce is where both parties agree on all terms prior to filing with the court while contested divorces involve disagreements between parties which must be resolved by either negotiation or court intervention.
It depends heavily on whether the divorce is contested or uncontested. An uncontested divorce with a full settlement agreement can often be finalized in a few months, while a contested divorce involving disputes over property, custody, or support can take a year or more, particularly if the case goes to trial.
No. New York allows no-fault divorce, meaning either spouse can file by stating the marriage has broken down irretrievably for at least six months. Fault-based grounds still exist but are rarely necessary given the no-fault option.
The marital home is typically treated as marital property subject to equitable distribution, meaning it’s divided fairly — though not necessarily equally — based on factors like each spouse’s contributions and financial circumstances. Options usually include selling the home and splitting proceeds, or one spouse buying out the other’s share.
We are a team dedicated and responsive to serving divorce clients in Livingston, Wyoming, Monroe, Steuben, Ontario, Allegany, Genesee, Orleans and Wayne counties. We can be reached at 585-572-7464. You may schedule an appointment by using our online scheduler, or we can be contacted through this email form.