ROCHESTER DIVORCE ATTORNEY

EXPERIENCED ADVOCACY FOR SPOUSES IN MONROE, LIVINGSTON, ONTARIO, WAYNE, GENESEE, AND ORLEANS COUNTIES

Divorce is a challenging redirection in life, but it is also your start to a new beginning. Part of this restart will include tying up all the loose ends of your marriage, such as child custody, child support, spousal maintenance, and property division. At the Law Office of Alexander Korotkin, Esq., we advocate for Rochester residents who are looking for sound legal advice to help them protect their marital assets. We can help you file for divorce and settle your ensuing divorce disputes through negotiation and litigation. You can count on us to advocate for your spousal and parental rights and to ensure you emerge with a favorable divorce settlement.

Schedule a free initial consultation with the Law Office of Alexander Korotkin, Esq. to get started.  We also speak Russian and Ukrainian.

How to File for Divorce in New York State

To file for divorce in New York, you must meet one of the following residency requirements:

• You were married in New York and either spouse has lived in the state for at least 1 year
• You lived in New York as a married couple and either spouse has lived in the state for at least 1 year
• The grounds for your divorce (below) arose in New York and either spouse has lived in the state for at least 1 year at the time you file for divorce
• Either spouse has lived in the state for at least 2 years

New York recognizes fault-based divorce and no-fault divorce. There are several grounds for fault-based divorce: 

• Adultery
• Abandonment for 1 year
• Imprisonment for 3 years
• Cruel and inhumane treatment
• Living separate and apart pursuant to a valid decree of separation
• Living separate and apart pursuant to a valid separation agreement

No-fault divorce requires a statement from either spouse that the relationship between the parties has broken down irretrievably for a period of 6 months or longer. In order to obtain a no-fault divorce, though, you and your spouse need to settle all your divorce disputes, including child custody and visitation, property division, and child and spousal support.

At the Law Office of Alexander Korotkin, Esq., we can help you negotiate these arraignments before filing for divorce. This is usually the most difficult and important part of a divorce, so having an experienced Rochester divorce lawyer by your side is critical.

Negotiating Child Custody and Visitation Rights

One of the most contentious divorce disputes is child custody. The custody and visitation decision affects where your children will live, how important decisions about their upbringing will be made, and how much time each parent will spend with them. 

At the Law Office of Alexander Korotkin, Esq., we will help you evaluate arrangements such as:

• Joint custody – Both parents will have a voice in decision-making, but this does not necessarily imply equal physical time with both parents
• Sole custody – One parent has sole custody rights while the other has specific, enforceable visitation rights and more limited decision-making input
• Shared custody – This is possible when both parents mutually agree on how to divide time between their homes and demonstrate the ability to cooperate with one another
• Split custody – This is a situation involving more than one child, where one child’s primary residence is with one parent and another child is with the other parent

Understanding Child and Spousal Support in NY

Once the issue of child custody is resolved, the court can address child support and/or maintenance. In New York, the non-primary residential parent is obligated by law to pay child support to the residential parent. Child support typically terminates once the child turns 21 years old.

Generally, pursuant to the Child Support Standards Act, the payments are 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. These payments are based on the parent’s gross income, though in high-income cases, these percentages may not be strictly utilized. The court may also order additional forms of support for daycare, medical insurance, uninsured medical expenses, and payment for the child’s education (especially post-high school education).

Similarly, spouses may also receive financial support based on both their incomes in the form of spousal maintenance (also called “alimony”). The purpose of spousal maintenance is for a higher-earning spouse to enable the other to survive economically post-divorce. Generally, the longer the marriage and the greater disparity of incomes between the parties, the higher the amount of spousal maintenance and the longer it will be ordered for.

Fair Property Division During Divorce Proceedings

The next most significant issue in most divorce actions is the equitable distribution of marital property. Essentially, all marital property is subject to distribution in New York and will be divided between the spouses according to what is fair. The only property from distribution is “separate property,” which is generally defined as inheritances, property owned prior to the marriage, gifts from non-spouses, and income received in compensation for a personal injury. 

Divorce is not an easy legal process to undergo, but you don’t have to go it alone. Whether you have a contentious divorce on your hands or a mutually agreeable separation, enlist the help of an experienced attorney to make sure your spousal and parental rights are being appropriately respected. Attorney Alexander Korotkin, Esq. is highly skilled at trial litigation and will put up a tough and assertive fight for your divorce case.

COMMONLY ASKED QUESTIONS

How Are Retirement Accounts Divided in a Divorce?

In a New York divorce, retirement accounts such as 401(k)s, IRAs, and pensions are considered marital property if contributions were made during the marriage. These assets are subject to equitable distribution, meaning they are divided in a way deemed fair, though not necessarily equal. 

Can I File for Divorce If My Spouse Lives Outside of New York?

Yes, you can file for divorce in New York even if your spouse resides in another state or country, as long as you meet the state’s residency requirements. These include living in New York for at least one year with a qualifying connection to the state or for two years with no other conditions. A skilled divorce attorney can assist in serving papers to an out-of-state spouse, addressing any jurisdictional issues, and ensuring the divorce proceedings move forward efficiently and in compliance with legal requirements.

What Should I Do If My Spouse Is Hiding Assets During the Divorce?

If you suspect your spouse is concealing assets, it’s critical to act promptly. An experienced divorce attorney can collaborate with forensic accountants and financial experts to identify hidden income, offshore accounts, or undervalued property. Courts take asset disclosure very seriously, and dishonest behavior can lead to legal penalties, including fines or awarding a greater share of the marital estate to the other party. Transparent asset division ensures a fair settlement and protects your financial future post-divorce.

What are the residency requirements to file for divorce in New York State?

To file for divorce in New York, at least one spouse must meet specific residency requirements, such as having lived in New York for at least one year after marriage or living there as a married couple.

What is the difference between fault-based and no-fault divorce?

Fault-based divorce requires proving specific grounds for the divorce, such as adultery or abandonment, while no-fault divorce only requires a statement that the marriage has irretrievably broken down for at least six months.

What constitutes separate property in a divorce?

Separate property includes assets such as inheritances, gifts from non-spouses, and property owned before marriage, which are not subject to division during divorce proceedings.

Divorce Solutions for Rochester Residents

Navigating a divorce in Rochester can be a challenging process, but with the right guidance, it can become more manageable. At the Law Office of Alexander Korotkin, Esq., we recognize the unique challenges faced by residents in Monroe, Livingston, Ontario, Wayne, Genesee, and Orleans counties. Our extensive knowledge of local regulations and the specific needs of our community allows us to provide tailored support throughout your divorce journey.

Guiding Clients Through Divorce Concerns

A common concern for our clients is the complexity of property division and ensuring fair outcomes. In areas like Brighton and Irondequoit, where property values can vary significantly, having a knowledgeable attorney is essential. We work diligently to make sure your assets are divided equitably, considering the nuances of the local housing market.

Child custody and support are another significant concern for many Rochester families. With local schools, such as the Rochester City School District and various private institutions, determining the best arrangements for your children's education and well-being is critical. We assist in creating custody agreements that prioritize your children's best interests while addressing the practicalities of living in the Rochester area.

At the Law Office of Alexander Korotkin, Esq., we are dedicated to providing compassionate and effective legal support for your divorce. Our deep roots in the Rochester community mean we understand your concerns and can help you pursue a favorable outcome.

Get Professional Divorce Assistance in Rochester, NY to get started on your Rochester divorce.