Beginning the process of divorce? You might not know how to start. Our Rochester lawyer guides you through the types of divorce. Call our attorney today.
Types of Divorce | No Fault
Many people ask me as an experienced Rochester Divorce Lawyer, what a no fault divorce is in New York. In essence, a no fault divorce means that either spouse is entitled to get a divorce based upon the grounds of an irretrievably broken marriage. What this means is that the other spouse cannot say that the marriage is not irretrievably broken. I advise my clients as a Rochester Divorce Lawyer that once one spouse says it is irretrievably broken, the law would recognize that you’re entitled to a divorce without having to say anything more.
Types of Divorce | Military Divorce
The first question you’ll need to resolve is whether your divorce belongs in a New York court. We can analyze the facts of residence, military home of record, and current living arrangements to see whether a New York court can accept jurisdiction of your case. If the nonmilitary spouse wants to file a divorce petition while the military spouse is deployed, the latter might be able to object to divorce proceedings under the Servicemembers Civil Relief Act.
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Active military service can also present complications on divorce issues such as property division, child custody and child support. Military personnel can be unpleasantly surprised to learn of high child support obligations figured from Leave and Earnings Statements that reflect high payments and bonuses for hazardous deployments or combat service. As an experienced Rochester military divorce attorney, I advise clients that even though these payments are tax exempt, they’ll still be treated as ordinary income for the purposes of child support calculations.
Types of Divorce | Uncontested Divorce
An uncontested divorce typically involves a case with little or no legal issues that need to be resolved. It’s typically a short-term marriage. Maybe the parties have been separated for some time and there aren’t any controversies in the case. There are either no children, or the issues related to the children have already been resolved. There are no issues of marital property and splitting a house or dividing assets. It is the smoothest divorce there is.
If you want to start the process of divorce, please call our experienced Rochester divorce attorney Michael Schmitt today for a free consultation.