Family Law Attorney in Rochester, NY
Dedicated Rochester Family Lawyer Helping Navigate The Complexities of Family Law
Family law issues are often stressful for all parties involved. Whether you are going through a divorce, fighting for child support, or trying to get custody of your kids, you can’t help but worry about the outcome.
We understand how stressful this is, and we have the compassion and experience necessary to make the process much easier for you. The Cimino Law Firm will help you with the emotional aspects of your case while fighting for your rights. Find out more about the family law cases we handle at The Cimino Law Firm.
With 9.19 divorces for every 1,000 married individuals, New York’s divorce rate is among the lowest in the country. However, most people still know someone going through a divorce and may have gone through the process themselves. This is a contentious aspect of family law since there is so much at stake.
Our Rochester family law firm helps clients navigate through even the most difficult divorce proceedings. We help with no-fault and at-fault divorces, including contested and uncontested cases. If you don’t want to go to court, we can help you find a mediator for the proceedings. Mediation allows you to work with the other party to resolve the issues related to dissolving the marriage. The mediator will work as a neutral party, attempting to create a win-win situation.
Mediation works in many cases, but each couple is unique. If there is too much contention in your divorce or you simply cannot settle the case, we can take it to court.
Marital Property Division
You have likely acquired properties during your marriage, and you wonder what will happen to them. New York follows the law of equitable distribution in family law cases. This means that all properties and debt acquired while married are marital assets. However, properties and debt do not have to be divided 50/50. The court does not use an exact formula for marital property division. It’s critical to have an experienced family law attorney representing you if there is marital property involved. Without a family law attorney, you could be on the losing end of the property division process.
New York uses the guideline of “the child’s best interest” when determining child custody. Many of our clients get joint physical and legal custody. That means the children split time between both parents, and both parents make decisions regarding their kids.
However, we understand that joint custody isn’t always in the best interest of the child. If you believe the child’s other parent is a danger to him or her, we will work to increase your custody. Depending on the degree of danger, supervised visitation might be an option. That way, your child will not be left alone with the other parent.
Divorce can be difficult for children. Many have to split time between their parents, and often, one parent has more money than the other. That means that the child lives one lifestyle in one home and another in the other home. Fortunately, the courts have found a way to remedy this. Child support ensures that the child is properly cared for in each home. It also alleviates some of the stress from the parent who makes less money.
The noncustodial parent is normally ordered to pay child support. However, in cases with 50/50 shared custody, one parent might still have to pay support. This occurs when one parent makes considerably more than the other parent.
The family law court uses a calculator to determine child support payments. The formula includes the income of both parties and the number of children involved. Parents are not always pleased with the formula determined in court. We can help you reach a more desirable amount through mediation.
The state of New York can grant temporary or permanent alimony to a spouse during and after the divorce. The court looks at various factors when determining if alimony should be awarded. Factors include the length of the marriage, the income of both parties, and the loss of earning capacity due to the marriage. We understand that alimony is a stressful issue for our clients. Those who need maintenance payments are worried they won’t get enough to make it in New York. Those who have to pay are concerned about how it will affect their financial futures. We have worked on both sides of the issue and pride ourselves in helping our clients come to fair agreements. If the court must decide, we will present all the relevant information.
Many of our clients are surprised to learn that New York grants grandparents’ rights. This is another form of family law that allows grandparents to petition for visitation rights to see their grandchildren. They can also petition the court to take custody in cases of abandonment or severe neglect. Research has shown that the grandchild-grandparent relationship is beneficial to children’s emotional health and behavior. When you use The Cimino Law Firm, we will file all the paperwork and help you prove your case. The burden of proof rests with the grandparents in grandparents’ rights cases, and we will conduct an investigation to help you prove your case.
How the Legal Process Works in Family Law Cases
If you’ve never had a legal issue before, you’re likely confused about the family law process. What do you do? What should you say? Is there anything you need to avoid? Learn more about the process at The Cimino Law Firm.
Step 1 – Set up a Free Phone Consultation
We understand that you are weighing your options and aren’t ready to spend money on attorney’s fees. We offer a free phone consultation, so you can get legal advice without having to spend money. During the consultation, you will receive advice as well as information regarding the legal strategy necessary for your case. Then you can decide if you want to retain our services.
Step 2 – Come to Our Office
Once you decide to move forward, you can come to one of our conveniently located offices. We have offices in Webster and Rochester, New York, to serve you. You can sign the paperwork, and we will further discuss strategies. If you have any evidence, bring it with you to this appointment.
Along with discussing legal strategies, we will help you with the emotional toll these cases take. No one expects to see a family law attorney in their lifetime, and it can be stressful. We alleviate the stress by providing compassionate counsel during this difficult time.
Step 3 – Communicate Through Your Attorney
Relationships make family law issues complicated. It’s not unusual for divorcing spouses to make unofficial deals or go out of their way to make the other person happy. Unfortunately, every action you take can be used in court. Consider all of your actions as potential evidence. You might think you are doing the right thing, but it could hurt you. Have all communications go through your lawyer. That way, you will not have to worry about your words or actions being used against you.
Step 4 – Go Through Mediation or File a Claim
Your family law attorney will work with you to determine the best path forward. In many cases, mediation is an excellent way to resolve these issues. However, our firm is always prepared to file a claim and litigate these cases when necessary. We understand that each case is different, but we always have the same goal. We want to achieve the best outcome for you.
Contact attorney Michelle Cimino today to set up a free consultation. With more than 20 years’ experience in family law, we are the right solution to your legal needs.
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