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Divorce Representation In Rochester, NY & Beyond
The divorce process can be profoundly stressful, uncertain, and difficult. I can guide you through the process of removing some of that burden. My goal is to maximize your financial stability and peace of mind enabling you to transition forward into the next phase of life.
Divorce is not always the best choice for everyone. In such cases, you may decide on a separation agreement.
Separation agreements are contracts between spouses that resolve various familial or property issues, including, custody, child support, or spousal maintenance (alimony). These agreements are detailed, intended to cover future issues and provide certainty.
You might choose to pursue a separation agreement because:
- They allow couples to divide their property but keep health insurance coverage as it would be if they were still married
- They allow couples to settle cases like child custody before formal divorce is pursued
- They enable a calmer and more civil divorce process in many cases
- They allow spouses to determine what is best for their circumstances rather than having to rely on a court decision
Negotiating On Your Behalf
I will negotiate on your behalf ensuring that your interests remain protected at all times. These are complex agreements that take time to draft and revise. My team will be with you every step of the process and ensure you fully understand and agree to all of the details contained in any final agreement.
A prenuptial agreement is an agreement/contract between a couple about to be married in which numerous issues are resolved prior to the wedding. Generally, they cover such issues as possible future spousal maintenance, separate property, inheritances and estate planning. However, they can include other issues except for future custody rights or child support.
Even if you are planning on marriage but do not wish to enter into a prenuptial agreement, it is still extremely important to seek the services of an expert experienced attorney to discuss the ramifications of marriage on all of the issues mentioned above. Leonard A. Rosner Attorney at Law can give you that advice.
A postnuptial agreement is an agreement/contract made between a married couple who does not intend on separating or getting a divorce. Although less frequent than prenuptial agreements, many married couples will enter into these types of agreements, especially when issues of inheritance or estate planning are involved.
Spousal Maintenance (Alimony)
Spousal maintenance is payment by one spouse to the other, generally for rehabilitative purposes. Numerous factors go into determining the amount of and duration of alimony. These include the length of the marriage, each party’s incomes, any physical impairment of the party receiving maintenance, as well as other factors set out in the Domestic Relations Law.
In 2010 the legislature amended the statute to provide for a specific formula for temporary spousal maintenance while an action for divorce is pending. Having an attorney skilled with the knowledge of this statute and the impact it has on temporary spousal maintenance is critical. The offices of Leonard A. Rosner have this knowledge.
There are also significant tax consequences concerning the payment and receipt of spousal maintenance. The Law Office of Len Rosner not only attempts to stay abreast of the significant tax changes involving spousal maintenance, but also has access to accountants and other tax experts when unique tax issues are presented.
Post Divorce Modifications
A post divorce modification permits you to request the court to modify custody, visitation, or support orders to reflect the changes that have occurred. Our team is very knowledgeable in every aspect of post divorce modification. In most cases, whether or not a court will grant the modification is based largely upon the facts of each individual case as applied to the specific law in question.
Receiving experienced expert advice once these changes occur is extremely important since requesting such a change, or failing to take appropriate action if such a change has occurred, could be quite harmful without first seeking appropriate expert advice.
Additionally, our firm is skilled in handling instances when one party fails to comply with the terms of a divorce judgement or other Court Order. We will represent you in bringing forth the appropriate enforcement proceedings and help protect your rights.
Family Law Legal Expertise – Get It Today
We Represent Clients In A Wide Range Of Family Law Matters
New York is a no-fault divorce state, but many legal issues must be resolved before a divorce decree can be granted. Leonard A. Rosner can help to protect your rights in issues involving child custody, child support, and more. Furthermore, our office is experienced in providing representation for same-sex marriage divorces.
Child Custody & Visitation
Any divorcing or separating couples must come to an agreement regarding child custody and visitation. Leonard A. Rosner Attorney at Law can help you get the child support and custody results you need both for yourself and for the emotional health of your child. We can even offer legal counsel for clients that live in states other than that of their children.
New York State has complex options involving custody, such as joint custody, sole custody, split custody, and more. We can make sure that your child custody case outcome is satisfactory for both you and your child.
Child-support is payable until age 21 or it can be terminated earlier depending on the emancipation factors involving the child. Support can extend beyond age 21 so long as it is agreed to by both parties. As a result, it is extremely important that an experienced attorney such as Leonard Rosner be involved in the process to protect you concerning these factors.
What are add-on expenses to child support?
In addition to the basic child support amount, there are several add-on expenses to the regular periodic payments. These include a proportionate share of daycare expenses, unreimbursed medical insurance premiums for the children, uninsured reasonable and necessary medical/dental costs, and other related expenses on behalf of the children.
In addition, the parties can agree or the court can direct the payment of educational expenses or other specific needs affecting a child. This can include college or private school expenses. As a result of significant decisions by various New York courts, it is critical to have the advice and assistance of an experienced attorney such as Leonard A. Rosner.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.