While people might practically prepare for divorce before they get married by getting a prenuptial agreement, no one emotionally prepares for a divorce when they get married. Even when a bad marriage ends, it can bring feelings of loss, sadness, and confusion. Those feelings can make it difficult to make rational decisions, especially when a marriage involves decisions about custody or substantial financial assets.
Some people may try to handle a divorce on their own without the help of a family attorney. While that might work for people with few assets and an amicable relationship, it can put others at a real disadvantage during a divorce. Consulting with a Rochester divorce lawyer can help you protect your interests and get advice about your next best steps.
The state refers to divorce as a dissolution of marriage. One of the parties, known as the petitioner, files the initial petition for dissolution of the marriage. The petitioner must serve—or have someone serve—the other spouse with a summons and petition. The other spouse files an answer, which may or may not be accompanied by a counterpetition. Failing to respond can result in a default judgment.
What happens next depends on whether the parties will have a cooperative/collaborative divorce or a more traditional adversarial divorce. In an adversarial proceeding, the parties go through the discovery process to obtain information. In a collaborative process, they voluntarily share much of the same information. This often includes the following:
The parties will use this information to try to establish a fair distribution of assets.
The parties must also determine who has temporary physical and legal custody of the children. Physical custody refers to the physical possession of the child, while legal custody allows a parent (or other adult) to make crucial decisions for the child.
During these initial stages, a Rochester lawyer can get a feel for whether the divorce will be amicable or contested, which may change their approach.
When both parties can agree to all of the terms of the divorce, the process is much less complicated. They file agreed findings, conclusions, orders, judgments, decrees, and other relevant documents. As long as the court approves it, the process is relatively fast, affordable, and painless.
Sometimes, the parties will agree on most issues but need the court’s help to determine resolutions for other issues. In those cases, they can file a partial stipulated judgment. Then, the court will allow them to focus litigation on the areas in which they do not agree. Anything that reduces the amount of conflict will also reduce the costs associated with a divorce. A Rochester divorce attorney can help encourage settlements, where possible, without compromising a person’s interests.
Couples fight about two main things in a divorce: property and child custody. Helping individuals understand the laws surrounding both issues can help them know what to expect from a divorce proceeding, influence settlement negotiations, and let them know whether it is worth fighting about an issue.
The state follows the rules for equitable property division in a divorce. If the parties cannot agree on how to share property, the court will determine the division. An equitable distribution is not presumptively 50/50 but considers each party’s economic and non-economic contributions and their needs. Some of the factors that the court might consider include:
People might also fight about child custody. Using the child’s best interests standard, the court will examine all of a child’s needs, not just their physical ones.
An attorney in Rochester can advocate on a person’s behalf and protect their rights during divorce proceedings.
Getting a divorce is emotionally tolling. While a Rochester divorce lawyer cannot eliminate that stress, they can help mitigate it. Schedule a meeting with the legal team at Kohlmeyer Hagen, Law Office, Chtd. to learn more.
