Experienced Rochester New York Family, Divorce & Separation Attorney

Experiencing a separation, or any family issues, can be disruptive, troublesome and unpleasant. Much of the time, the family or separation is devastating to what is occurring in your family life, and you realize the feelings must be addressed and met head-on with decisions that will influence your life and the lives of those around you for many years. At the point when managing legal family issues or divorce and separation, particularly when there are kids and/or property included, the best avenue is to secure a well qualified Family, Divorce & Separation lawyer who can work to ensure your rights to your advantage; a lawyer who can minimize the issues and soften the anxiety and nervousness that only legal experience can bring.

Areas of Family Law include:


New York is a no-Fault state, yet in some circumstances fault does become a factor in the outcome of the case. Under the Domestic Relations Law for the State of New York, the disintegration of a marriage is when neither mate is obliged to demonstrate a fault/ behavior/ grounds from the other. The no-fault grounds merely express that the marriage is irretrievably broken, and beyond reconciliation for a period of six months or more. Fundamentally, there is no defense under this no-fault subsection or defenses to a no-fault divorce. However, this does not prevent either spouse from claiming and/or receiving their rightful equitable distribution claim, and in some cases, the facts and circumstances surrounding the no-fault allegations are utilized in a distribution. Remember, equitable distribution does not mean equal, it means a fair division.


New York State is as noted an equitable distribution state. The division of the marital property will be separated in an evenhanded manner. Again, equitable division does not mean equal division. Rather it means what is reasonable under the statutory guidelines and the specific facts and circumstances surrounding each matter, taking in consideration separate and marital property. There are numerous components that go into how property will be partitioned between spouses. Elements surrounding the marriage will figure out if the property is viewed as "marital property" or "separate property", which will accommodate how the division of the property will be made between the spouses.


New York courts will do everything conceivable to help diminish the trauma that the children of separation or family matters will experience. The court's essential concern is the best interests of the child. Depending upon the age of the youngsters, a child rearing arrangement may be general or specific by including the days, times, holidays, vacations, and any other factors the parents feel are imperative to raising the children. The general child rearing arrangement may incorporate the general diagram of all parental obligations, or may incorporate specific aspects of the parents involvements, including schooling, extracurricular activities, religion, and other factors. The agreement will also address phone access, transportation, and routines for determining the agreement between the parents.

New York applies the Child Support Standards Act which takes into account the gross income of both parents. The respective incomes received from wages, or other income bearing resources. These income amounts are then computed less FICA charges. The net gross income is then respectively divided on a prorated basis between the parents, and the amounts are then applied against the number of children within the family. One Child-17%; Two Children-25%; Three Children-29%; Four Children-31%; Five+ Children-no less than 35%. The child support award is intended for the child's advantage and not the parents' advantage. You must pay child support regardless of the fact that you are not receiving visitation. You must almost under any circumstances allow visitation with the noncustodial parent, regardless of the fact that you are not receiving child support on a regular basis. Any breach of an order may result in an undesirable consequence, which may include fines or modifications of existing orders.


Indeed the most mindful understand that circumstances change as time marches on, and as a result many of the terms, conditions, and obligations found within a separation settlement, decree of divorce, or an order of the court may need to be changed if the circumstances of the parties and children change fundamentally. Modifications may occur when one parent loses their employment and are not able to pay the court child and/or spousal support; the child's needs dramatically change; and/or the custodial arrangement/ agreement simply does not work any more. It is at that point when after consulting with an attorney you may experience a change of circumstances where based on the facts presented, that a modification to the order may be warranted. There are many factors the court will consider and it is critical to have an accomplished divorce/ separation/ family law attorney aid you in assessing and deciding your alternatives.


Legal Representation You Can Trust

Whether your separation is challenged or uncontested, or whether you end up in Family or Divorce Court, we suggest that you employ a qualified lawyer who will ensure your rights to the best of your advantage. A lawyer who will listen to you, and a lawyer who will guarantee that your rights will be ensured for you and your family. A lawyer who guarantees that your rights as a parent are secured. Lawrence Baker, Esq will take the time to find out and answer all your inquiries and concerns, and respectfully speak with you, not at you, by taking the time necessary to lay a foundation and path which will be the most advantageous way to achieve a fruitful determination in your matter, while securing your rights and investments. And most importantly.... listening to what you have to say.

As an expert trial lawyer, the law firm of Lawrence Baker, Esq. is devoted to seeing that your needs and determination turns into a reality for you. We will battle for the outcomes that you merit, keeping in mind we are always ready to achieve a sensible settlement. We will likewise take your case to trial when we are not able to achieve an attractive determination that are satisfactory and equitable for you. You will make the final determination concerning your case. When you require a separation, divorce, or lawful help or in any issues regarding family law, Lawrence Baker's experience and ability as a lawyer can help accomplish your desired results. 

Give us a call today at 585.288.1234 for more information or to schedule an initial consultation. Or, read more about us or reach out to us by email by clicking the buttons below.

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