Rochester New York Divorce Lawyers in Rochester New York

I’ve Just Decided to Divorce — What Happens to Me Now?

Deciding to divorce brings a wave of questions about what comes next, often coupled with apprehension about the unknown.

Direct answer: The first step is to gather your thoughts and documents. Understanding your financial situation and identifying key marital assets and debts will be crucial. Then, seeking legal counsel for a confidential case review can provide clarity on New York’s specific divorce laws and how they apply to your situation. This initial legal step is about understanding your rights and options.

Reassurance: It’s completely normal to feel overwhelmed and unsure about the future. Many people in Rochester, New York, face similar concerns. Remember, you don’t have to carry this burden by yourself. Our team at Law Offices Of SRIS, P.C. is here to offer support and guidance, ensuring your rights are protected throughout this process. We focus on breaking down the legal steps into manageable actions, providing peace of mind.

What the Law Says in Rochester New York

New York law outlines specific procedures and considerations for divorce, designed to ensure fairness for all parties involved.

New York is a “no-fault” divorce state, meaning a marriage can be dissolved if it has been “irretrievably broken for a period of at least six months.” This simplifies the initial grounds for divorce, allowing couples to avoid assigning blame. However, beyond the initial grounds, the legal process involves several key areas that require careful attention:

* **Equitable Distribution of Marital Property:** In New York, marital property is subject to equitable distribution. This means assets acquired by either spouse during the marriage, from the wedding date to the commencement of the divorce action, are divided fairly, though not necessarily equally. This can include homes, bank accounts, investments, retirement plans, pensions, businesses, and even professional licenses or degrees acquired during the marriage. Debts accumulated during the marriage are also considered in this division. The court considers a wide array of factors when determining what is “equitable,” such as the length of the marriage, the age and health of each spouse, their income and earning capacity, the non-monetary contributions one spouse made to the other’s career, and any wasteful dissipation of assets. Mr. Sris has a wealth of experience in addressing complex asset division cases, working diligently to safeguard your financial future and ensuring that your contributions to the marriage are properly recognized.
* **Spousal Maintenance (Alimony):** Also known as alimony, spousal maintenance may be awarded to a financially dependent spouse to help them maintain a reasonable standard of living after divorce. New York law provides advisory guidelines for calculating temporary and post-divorce maintenance. However, the court retains discretion and will consider numerous factors, including the income and property of each party, the duration of the marriage, the age and health of the parties, the present and future earning capacity of both spouses, and any other factor the court deems just and proper. Securing or defending against a maintenance award requires careful presentation of financial circumstances and future needs.
* **Child Custody and Visitation:** For divorces involving children, their well-being is always the court’s paramount concern. New York courts determine child custody (legal and physical) and visitation arrangements based on the “best interests of the child.” Legal custody dictates who makes major decisions about the child’s upbringing (education, health, religion), while physical custody determines where the child primarily lives. The court considers various factors such as each parent’s ability to provide a stable and loving home, their involvement in the child’s life, the child’s preference (if they are old enough and mature enough to express it), and any history of domestic violence. We understand the sensitive nature of child custody disputes and advocate for arrangements that promote your children’s stability, happiness, and continued relationship with both parents.
* **Child Support:** Both parents have a legal obligation to support their children financially. New York adheres to the Child Support Standards Act (CSSA) to calculate the basic child support obligation. This calculation is based on a statutory formula that considers the combined parental income and the number of children. Beyond basic support, courts also allocate “add-on” expenses, such as childcare costs, medical expenses not covered by insurance, and educational expenses. Ensuring accurate income calculations and fair allocation of these costs is crucial for your children’s future.

The exact application of these laws depends heavily on the specifics and unique circumstances of your case in Rochester, New York. An attorney with a thorough understanding of New York state family law and a commitment to protecting your individual interests can make a significant difference in the outcome of your divorce.

What You Can Do Today

Taking proactive steps now can significantly influence the trajectory of your divorce proceedings.

1. **Organize Your Financial Documents:** Begin gathering all essential financial records. This includes, but isn’t limited to, bank statements (checking, savings), tax returns (for the past 3-5 years), investment portfolios, retirement account statements (401k, IRA, pension), pay stubs, and any deeds or titles related to real estate or significant assets. A comprehensive and clear picture of your financial standing is absolutely vital for the equitable distribution process and accurate child or spousal support calculations.
2. **Understand Your Priorities:** Before engaging in extensive legal discussions, take time to reflect on what outcomes are most important to you. Consider your non-negotiables regarding property division, whether spousal support is a factor, and especially the ideal child custody and visitation arrangements. While compromise is often necessary in divorce, having a clear sense of your core priorities will help guide your legal strategy and enable more effective negotiations.
3. **Seek a Confidential Case Review:** Contact Law Offices Of SRIS, P.C. for a confidential case review. This initial meeting is an invaluable opportunity. It allows our experienced team to listen to the specifics of your situation, explain your legal rights and obligations under New York law, and outline a potential path forward tailored to your goals. It’s a chance to ask all your questions and gain clarity about the process without any obligation.

In simple terms: Get your finances meticulously in order, clearly define what truly matters to you and your family, and schedule a confidential case review with a trusted attorney to understand your options and next steps.

How We Start Building Your Divorce Case

Building a strong divorce case involves meticulous preparation and a tailored strategy focused on your unique circumstances.

At Law Offices Of SRIS, P.C., our approach is client-centered and strategically driven. Mr. Sris and our knowledgeable team will:

1. **Conduct a Detailed Intake and Discovery:** We begin with an in-depth discussion about your marriage, the factors leading to divorce, your immediate concerns, and your long-term goals. This comprehensive intake allows us to gather all relevant facts and understand the full emotional and financial context of your situation. We then initiate the discovery process, formally requesting and exchanging all pertinent financial and personal documents to ensure complete transparency.
2. **Analyze Your Financial Landscape Thoroughly:** Leveraging the financial documents gathered, we conduct a meticulous analysis of all marital assets and debts. This critical step ensures accurate valuation of property, proper categorization of separate versus marital assets, and a clear understanding of your financial standing, which is essential for fair equitable distribution negotiations or litigation. Our goal is to uncover and protect all assets to which you are rightfully entitled.
3. **Develop a Strategic Legal Plan Tailored to You:** Based on our understanding of New York divorce law, your specific goals, and the financial analysis, we formulate a personalized legal strategy. This plan will clearly outline the most effective steps we’ll take, whether through focused negotiation, mediation, or robust courtroom advocacy, to pursue the best possible outcome for you and your family.
4. **Prioritize Your Children’s Best Interests in Custody Matters:** In any divorce involving children, their well-being remains our highest priority. We work diligently to propose and advocate for child custody and visitation schedules that promote their stability, safety, and happiness while steadfastly protecting your parental rights and fostering a healthy ongoing relationship with your children.
5. **Provide Steadfast and Responsive Advocacy:** Throughout the entire divorce process, you will receive dedicated and responsive legal representation. We handle all legal filings, manage communications with the opposing party and their counsel, prepare for and attend all court appearances, and keep you informed at every stage. This allows you to focus on managing your personal life and transitioning to your new future, confident that your legal matters are in seasoned hands.

In a challenging family law matter, Mr. Sris represented a client in New York who was facing a complex division of marital assets and a contentious child custody dispute. The opposing party sought an uneven distribution of shared property and restrictive visitation. Mr. Sris’s strategic approach involved meticulous financial analysis and persistent negotiation. Through his seasoned advocacy, the client ultimately secured a fair equitable distribution of assets and a custody arrangement that prioritized the child’s stability and well-being, allowing the client to move forward with confidence.