Divorce Lawyer in Rochester, NY
Dedicated Rochester Divorce Lawyer With Over 20 Years of Experience
Going through a divorce is more than a legal procedure. It is emotional for all involved, and the team at The Cimino Law Firm understands that. Along with representing our clients, we are here for each person we serve on an emotional level.
While we cannot completely alleviate the stress of a divorce, our Rochester divorce lawyer will provide a combination of sound legal advice and essential emotional support.
Learn more about the divorce process and then contact us for a confidential phone consultation.
Rochester Divorce Lawyer Explains Grounds for Divorce in New York
You have seven options for grounds when filing for divorce in New York. Before 2010, all divorces filed were at-fault, which meant that the filing party had to place blame on the other party for the breakdown of the marriage. Fortunately, that changed in 2010. Now, you can file a no-fault or at-fault divorce.
With more than two decades of experience, Rochester divorce lawyer Michelle Cimino can help you choose the appropriate grounds for divorce for your unique situation.
What Is Irretrievable Breakdown – No-fault Divorce?
If your marriage has broken down and no person was at fault, you can file a divorce on the grounds of an irretrievable breakdown in the relationship. You must meet the specific criteria for filing for this divorce. Your divorce must have been broken down beyond the point of repair for a minimum of six months. Before the court grants the divorce, you also need to settle:
At The Cimino Law Firm, we can help you negotiate these arraignments before filing for divorce. This is usually the most difficult and important part of divorce proceedings, so having an experienced Rochester divorce lawyer by your side is critical.
What is Cruel and Inhuman Treatment?
Cruel and inhuman treatment refers to physical and emotional abuse that puts the victim at risk. Many of our clients are afraid to air this information to the courts, but if you are a victim of physical or emotional abuse, please understand you are not alone. Intimate partner violence makes up 15 percent of all violent crimes in the United States. Intimate partner violence puts you at considerable risk, so breaking free of your partner is vital for your survival.
To file for divorce on the grounds of cruel and inhuman treatment, you must prove that your spouse has been emotionally or physically abusive or both in the last five years. We know how difficult this can be, so our divorce lawyer will help you gather the evidence necessary to protect yourself and your family.
What is Abandonment?
When you said, “I do,” you pictured living with the right partner. That person would be there by your side for both the good and the bad. The courts believe in that idea of marriage as well, so if your spouse has abandoned you, you have grounds for an at-fault divorce. Your spouse must have physically left home or refused sex for a minimum of one year to file on these grounds.
What is Imprisonment?
Imprisonment is a form of abandonment. If your spouse was imprisoned for a minimum of three consecutive years after you were married, you could file for divorce on the grounds of imprisonment. You have two options for filing for divorce on these grounds. You can file while your spouse is still in prison, or you can file for up to five years after the release. If you wait until five years have passed, you will need to choose another ground for divorce.
What is Adultery?
If your spouse has cheated, you are likely full of emotions. You might wonder what you did to cause your spouse to cheat. Do not blame yourself. You cannot help that your husband or wife betrayed you. Each year, countless spouses commit adultery, and it is no one’s fault but their own. Research shows that 20-40 percent of married men and 20-25 percent of married women break the trust in the relationship by cheating. If your spouse has cheated on you, you have grounds for divorce in Rochester and the rest of New York. Merely saying that your spouse has strayed is not enough. You need evidence, and a dedicated Rochester divorce lawyer at The Cimino Law Firm can help. We can investigate the allegations and provide proof that your spouse has strayed. Then you can move forward with your divorce proceedings.
Divorce After a Legal Separation Agreement
Your marriage might have been a struggle for a long time. Finally, you decided to file a legal separation agreement. You can file for divorce one year after filing a valid contract. You must live apart for a full year before filing. Then the court will grant you a divorce on the grounds of legal separation.
Divorce After a Judgement of Separation
You can get a Judgment of Separation or Decree of Separation from the court in New York. The decree will have conditions that you must follow. After one year, you can file for divorce. While this is an option, few people choose it. You will have to provide proof just as you would for an at-fault divorce to get the decree or judgment. So most of our clients find it is easier to move forward with the divorce.
Contested Vs. Uncontested Divorce Lawyer
Regardless of the grounds you choose, you can have a contested or uncontested divorce in New York. An uncontested divorce is the easiest. This occurs when the parties agree to move forward with the divorce. A contested divorce occurs when one side disagrees with either the divorce or an aspect of it, such as financial support, division of assets, and child custody.
Contested divorces usually are more emotionally-charged than uncontested divorces. Fortunately, Rochester divorce lawyer Michelle Cimino can help you through the emotional ups and downs while fighting for you. Through proper negotiation, we can help you achieve your desired outcome. We will also provide you with the emotional support you need as you fight through the complicated procedure. It might be difficult, but with our help, you will make it through the circumstances, and then you’ll be ready to start your post-marriage life.
Why Choose A Divorce Lawyer at The Cimino Law Firm?
Choosing the right Rochester divorce lawyer is the most crucial step in filing for divorce. The Cimino Law Firm stands out as a leader in Rochester and the surrounding areas.
First, we understand that you are worried about the cost of divorce. To mitigate the cost, we offer confidential phone consultations. You will speak to an experienced family law attorney during the meeting and get a better idea of how to move forward with your case.
Our experience is also worth noting. While some law firms are just starting, we have worked in family law for more than 20 years.
We also understand how difficult it is to fit trips to the lawyer into your busy schedule. That is why we have two convenient locations. You can visit our office and schedule a consultation with a divorce lawyer in Rochester or Webster, NY.
Going through a divorce is emotionally draining, and it can be financially painful as well if you do not have proper representation. Instead of filing yourself, contact The Cimino Law Firm. Our Rochester divorce lawyer will represent your best interests in the divorce proceedings. With our help, you can finally put this moment in time behind you. Divorce might be painful, but we mitigate the pain with compassionate services and legal expertise.