Looking For An Experienced Rochester Divorce Attorney? Find Out What You Need To Know
Although it may be the furthest thing from your mind on your wedding day — marriage is a legal agreement. Once you say “I do,” you become a part of a legal entity that consists of yourself and your spouse. Your marriage has a legal impact on everything from your assets to your children, and in cases of divorce, all of these things have to be settled in an agreement between you and your former spouse. A Rochester divorce attorney at The Cimino Law Firm can help.
Unfortunately, it can be challenging to come to an agreement about such important things in your life during a divorce. Whether you both are experiencing emotional turmoil or simply fundamentally disagree on the way things should be handled, a Rochester divorce attorney can help you come to a compromise and settle your divorce.
If you’re still unsure about whether you need a divorce attorney or what services they can provide you, we understand. Finding and choosing the right divorce attorney can be difficult. However, this guide will help to clarify the duties of a divorce attorney and help you determine whether your divorce requires the services of a divorce attorney. Here’s everything you need to know about a Rochester divorce attorney.
What Does a Divorce Attorney Do?
Divorce attorneys are licensed professionals that aid in finalizing divorce agreements among spouses. While there are instances in which a divorcing couple can agree and compromise on all circumstances of their divorce, in many cases, a divorce attorney is needed to facilitate these settlements.
It’s a common misconception that divorce attorneys are only needed in cases that end up going to trial. However, divorce attorneys also work with their clients to reach an agreement before a case goes to trial. They work to iron out the details regarding children (child custody and visitation), financial support, and assets and property.
Additionally, to protect both clients and attorneys from extended litigation, it’s common practice for attorneys to sign an agreement that addresses a trial situation. These agreements typically stipulate that in the event that a divorce case goes to trial, the attorney will no longer work with their client on the case and the clients will have to hire a new attorney.
A divorce attorney is bound by their state’s law regarding the handling of the divorce. For example, a Rochester divorce attorney would be bound by the same laws that govern a Buffalo divorce attorney, as they are both practicing in New York. However, a Rochester divorce attorney follows a different set of divorce laws than an attorney practicing out of Vicksburg, Mississippi.
When Should You Hire a Divorce Attorney?
It can be difficult to know when to hire a Rochester divorce attorney. However, rest assured, all Rochester divorce attorneys abide by the same code of ethics and will only get involved in cases where they are needed. In fact, there are many circumstances in which a divorce is amicable and the ex-spouses are able to reach an agreement regarding the following:
In these cases, all parties have agreed to a collaborative practice divorce proceeding. This might be the best choice for you if both you and your partner agree not to go to trial, prioritize open and honest communication, and are committed to settling the divorce quickly and efficiently for the sake of all involved.
However, as divorce is an emotional and painful experience, it’s common to have instances in which partners cannot agree to a collaborative practice divorce. That’s when a Rochester divorce lawyer must come in.
You should consider hiring a Rochester divorce attorney:
- If your spouse has hired a divorce attorney.
- If you want a divorce.
- If you have failed to reach an agreement without the aid of a Rochester divorce attorney.
- If you have experienced abuse at the hands of your spouse.
- If you want to contest a divorce.
- If you need advice and guidance about how to proceed in your divorce case.
- If you have suspicions that your spouse is seeking a divorce without confronting you.
What are the Grounds for Divorce in New York?
Rochester divorce attorneys are bound by the New York state laws regarding divorce. Currently, there are a total of seven grounds for divorce in New York. Six of New York’s grounds for divorce are considered “at-fault” meaning that one partner has done something that directly caused the breakdown of their marriage.
Most recently, New York became the last state to legalize “no-fault” divorces on the grounds of “irretrievable breakdown.” In these cases, there’s no need to prove that you or your spouse was at fault or did something wrong that led to the end of your marriage. Simply put, your marriage must have been irreparable for a minimum of six months. After which, all of the major details of your divorce must have been agreed upon before the courts grant you a divorce.
Regardless of the grounds of your divorce, a local Rochester divorce attorney can help you come to a settlement. Here’s what you need to know about at-fault divorce grounds:
- Cruel and Inhuman Treatment – If you or your family have been subjected to emotional or physical abuse at the hands of your spouse in the last five years, you may file for divorce on these grounds.
- Imprisonment – If your spouse has been imprisoned for at minimum three years (consecutive) during your marriage, then you may file for divorce.
- Abandonment – In cases when a spouse has refused sex or physically abandoned the home for at least a year, you can file for divorce on these grounds.
- Separation Agreement – You may file for a separation agreement with your partner that outlines your plans for separation for at least one year. If your partner cannot sign the contract or does not agree with it, you will have to file for divorce on different grounds.
- Judgment of Separation – A court may grant spouses a judgment of separation that allows couples to separate. They must follow the terms of the judgment and file for divorce after one year.
- Adultery – If your partner has committed adultery and you have evidence or admission of the adultery, then you may file for divorce on these grounds.
Work With The Cimino Law Firm
At the Cimino Law Firm, we understand that divorce is not only an emotional and difficult decision, but it can also have a major impact on your life. That’s why we are proud of our status as a premier Rochester divorce attorney. We have the skill and experience to offer only the best family law legal services. The Cimino Law Firm will stand with you every step of the way to ensure that you receive the support you and your family needs during this trying time.
We serve Rochester and its surrounding area. Whether you are considering divorce or are in the midst of a stalled settlement, we want to help! Rochester divorce attorney Michelle Cimino is happy to represent you and will work in your best interest to finalize your divorce, making it easier for you and your family. She will work tirelessly to aid you throughout your divorce and usher you into your next phase of life without worry or fear — wherever it may take you.
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