The Best Family Law Attorneys in Rochester NY Are the Ones Proven Safe To Hire
Dealing with divorce, adoptions, prenuptial agreements, child custody, alimony, and other matters can be emotional and difficult. You shouldn't go it alone. Instead, you'll want a qualified Rochester family law attorney or divorce lawyer to help you make the best decisions and get the most favorable outcome for all parties involved.
Family law attorneys in Rochester and divorce lawyers in Monroe County NY bearing The Prime Buyer's Report Top Ten symbol are those local divorce lawyers and family law firms proven by our independent research to have passed the Top Ten requirements for ability and value. In addition, our staff has called previous clients to verify high satisfaction with them for family law cases in Rochester NY, including for division of property, child support, child custody and visitation, alimony, divorce mediation services and more.
Read on for more information about choosing the right divorce attorneys or family law representatives.
Updated April 14, 2020
The Best Family Law Attorneys in Rochester NY Are the Ones Proven Safe To Hire
The state of New York requires divorce and family law attorneys in Rochester NY to be licensed by the New York State Bar simply as practicing attorneys, and not in the specialty of family law or divorce. So the state bar license is no guarantee that any particular family or divorce lawyer in Rochester NY is competent in family law, (or at trial), is providing real value, or is satisfying clients.
This makes it significant that all family law attorneys in Rochester NY who bear The Prime Buyer's Report Top Ten symbol have been cleared by our research staff as passing all the requirements for Prime Buyer's Report Top Ten status such as survey phone calls to previous clients to verify high satisfaction, good complaint record, verified liability insurance, sufficient length of time in business, best business practices, and more.
Family Law Attorneys and Divorce Lawyers in Rochester NY
Whether or not the parties in a marriage have children, a divorce (or 'dissolution of marriage') is handled in a branch of the court system known as family law. Often, lawyers who specialize in helping people through divorce are known as family law attorneys, divorce attorneys, or both.
In the world of family law, there are always at least two parties (occasionally more than that): basically husband and wife. Whereas in other areas of civil law the parties are known as plaintiff and defendant, in family law they are referred to as petitioner and respondent. Any family law or divorce attorneys are qualified to represent either party. In fact, there is little functional difference in the designations of petitioner and respondent. Whichever party makes the first request to the court for a dissolution or separation is the petitioner; he or she "petitions the court" and the other party "responds" to the petition.
If there are children under the age of eighteen involved in your divorce, divorce lawyers or family law attorneys in Rochester NY will also be able to negotiate custody, visitation and support issues as a matter of course. Where divorcing parties are not fiercely divided over these issues, it is usually fine to negotiate an agreement and memorialize it through your respective counsel. If however, custody, visitation or support issues are contested, it may be best to be sure you have divorce lawyers or family law attorneys in Rochester NY that specialize in custody disputes.
New York law allows for the ending of a marriage based on irretrievable breakdown, separation, abandonment, or cruel and inhuman treatment.
No-Fault Divorce in Rochester NY
New York is a no fault divorce state allowing a no-fault divorce in the case of irretreivable breakdown. No-fault divorce doesn't require proof that either spouse was responsible for causing the marriage to end.
Fault-Based Divorce in Rochester NY
New York also allows a fault-based divorce in cases of abandonment for a continuous period of one year or more, or cruel and inhuman treatment, or adultery, or imprisonment for more than three years subsequent to the marriage
Actual abandonment is usually one spouse leaving the residence without the consent of the other spouse without intention to return, or one spouse that has locked out the other from the residence. Constructive abandonment is the refusal of basic obligation arising from the marital contract, such as a cessation of sexual relations.
Cruel and inhuman treatment must be behavior such that it makes it improper for the plaintiff to continue to reside with the defendant as husband and wife. Acts under this ground include domestic violence and repeated, extreme mental cruelty.
Adultery requires corroborating evidence from a third party; thus a confession by the defendant that he or she had sexual relations with a third party is not legally admissible to permit the court to grant a divorce to the plaintiff. Furthermore, if the adultery was condoned, such as the cheated-on party knew about the extra-marital sexual relationship but continued to stay in a marital, conjugal relationship with their spouse, the adultery cannot serve as a cause for divorce.
Dissolving Civil Unions (Same-Sex Unions) in New York
People in a civil union of a same-sex couple have the same rights under New York as husbands and wives in a marriage. Ending a civil union uses the same methods as divorce in a marriage.
Dispute Resolution Alternatives to Divorce in Rochester NY
Dispute resolution is a way of settling a claim other than a hearing or trial. Two forms of dispute resolution are mediation and arbitration. Some divorce lawyers in Rochester NY provide mediation services as an alternative to potentially more costly divorce proceedings.
What Divorce Attorneys in Rochester NY Can Do
The law requires that you make all legal claims in the divorce complaint, including alimony or spousal support, division of property, division of debts, taking back your former name, insurance policies, child custody, child visitation, child support. A divorce lawyer will go through all of these for you including any necessary forensics to determine the true worth of existing assets and income.
Types of Alimony
- Open Durational Alimony
Usually awarded only if the couple has been married 20 years or more, or if one spouse is financially dependent or permanently unable to work due to disability or lack of skills or experience. You might get this alimony until you remarry or cohabitate (live with someone as though you are married), or the paying spouse reaches retirement age. Either spouse can apply to the court after the divorce to adjust the alimony amount due to a change in circumstances.
- Limited Durational Alimony
The court awards temporary alimony until a particular event, like you gain employment. If your divorce attorney succeeds in getting the court to award you limited durational alimony, usually it will not last for a time period longer than the marriage itself.
- Rehabilitative Alimony
Temporary alimony given upon proving that you are likely to be able to support yourself after a period of more education or training.
- Reimbursement Alimony
Awarded by showing you supported your spouse though school or training and expected to benefit financially from an increase in your spouse's income as a result.
There are two types of child custody: physical custody (where the child lives) and legal custody (who makes important decisions for the child). Each type can be primary (granted mostly to one spouse) or joint (shared by both spouses). In some cases, sole custody is ordered only where one parent is absent or found to be legally unfit.
Child Visitation Rights
The non-custodial parent will almost always get visits with the child. Those visits are restricted only if the court is convinced that non-custodial parent will harm the child.
Some Family Law Attorneys in Rochester NY Are Much Better than Others
The Prime Buyer's Report lists these divorce lawyers in Rochester NY: . Other family law attorneys in Rochester NY who might still be in business include: .
Resources About Family Lawyers or Divorce Attorneys in Rochester NY
Regulatory Bodies & Trade Associations Related to Divorce Lawyers in Rochester NY
ACFTL American College of Family Trial Lawyers www.acftl.com
AFCC Association of Family and Conciliation Courts www.afccnet.org
AAML American Academy of Matrimonial Lawyers www.aaml.org
ABWA The Association of Black Women Attorneys New York www.abwanewyork.org
BBB Better Business Bureau www.bbb.com
ISFL International Society of Family Law www.isflhome.org
Irish American Bar Association of New York www.iabany.org
Korean American Lawyers Association of Greater New York www.kalagny.org
FLA Family Law Association www.familylawassociation.org
NAFLA National Academy of Family Law Attorneys www.nafla.net
New York State Bar Association www.nysba.org
New York Association of Collaborative Professionals www.nycollaborativeprofessionals.org
NLA National Lawyers Association www.nla.org
NLG National Lawyers Guild www.nlg.org
NYSTLA New York State Trial Lawyers Association www.nystla.org
NYWBA New York Women's Bar Association www.nywba.org
Media Related to Divorce Lawyers in Rochester NY
Attorney At Law Magazine www.attorneyatlawmagazine.com
ABA Journal - The Lawyer's Magazine www.abajournal.com
Family Lawyer Magazine www.familylawyermagazine.com
The Prime Buyer's Report provides information for the Top Ten Divorce Lawyers and Family Law Attorneys in Rochester NY within the following zip codes:
14586, 14468, 14620, 14607, 14515, 14626, 14410, 14613, 14580, 14467, 14619, 14606, 14514, 14625, 14612, 14559, 14464, 14618, 14605, 14511, 14624, 14611, 14546, 14450, 14617, 14604, 14508, 14623, 14610, 14543, 14445, 14616, 14603, 14506, 14622, 14609, 14534, 14692, 14428, 14615, 14602, 14472, 14621, 14608, 14526, 14642, 14420 and 14614
The Prime Buyer's Report provides information for the Top Ten Family Lawyers and Divorce Attorneys in Rochester NY within the following cities:
Brighton, Brockport, Chili, Churchville, Clarkson, East Rochester, Fairport, Gates, Greece, Hamlin, Henrietta, Hilton, Honeoye Falls, Irondequoit, Mendon, Ogden, Parma, Penfield, Perinton, Pittsford, Riga, Rochester, Rush, Scottsville, Spencerport, Sweden, Webster, Wheatland and North Gates