New York Family Law attorneys that have significant experience and knowledge in all aspects of divorce, such as Michael D. Schmitt, ESQ, are sought out by individuals living in the Rochester, New York and surrounding areas. In New York, any divorce can turn into a fiasco quickly, due to the stringent laws there that apply to spousal support, child support, property division, and child custody arrangements. There are literally dozens upon dozens of requirements that are taken into consideration when filing for divorce in New York, including residency requirements, the future earning capacity of individuals, the health of each party, and even the mental capacity of each party.
Mental and emotional capacity usually rears its head in proceedings for custody.
This usually occurs when deciding spousal support and/or custody issues of minor children. Each party in a divorce in New York, surprisingly to most who file must be a resident of the state for a minimum of two years and the establishment of residency is a requirement first and foremost. The residency requirement also has three different means of proving residency. Either being married in New York, living in New York, or the grounds for divorce occurred in New York. This is only one step in the entire process, which includes dozens of steps.
While many can and do try to navigate divorce and family law themselves, they can lose out.
Because of the complexity of the laws, only a good family law attorney that specializes in New York divorce can ensure that the party they are representing is treated as fairly and judiciously as possible, whether the plaintiff (the person filing for divorce), or the defendant (the individual that is filed against). Sometimes parties in a divorce will file mutually and these are uncontested divorces, therefore much easier to arbitrate and settle amicably. Uncontested divorces are generally only successful if there are no children involved, or if no property or debt is shared. Both parties must try and work amicably throughout these and even then, it is a wise idea to have an attorney on hand at least for advice and to ensure all paperwork is thoroughly completed and processed each step of the way.
While considered a “no fault” divorce state, New York does focus on “grounds” for divorce.
This can be very confusing in and of itself. While proclaiming “no fault” status, there are “grounds” for divorce listed on the New York state court government website. This really seems to be a conflict as the grounds for divorce are explicitly listed on the court government site. Abuse, incarceration, abandonment, inability to be compatible, and many more reasons exists as grounds. For an average individual this itself is immensely confusing. Attorney Schmitt also specializes in criminal defense, DWI/DUI and personal injury law. All these components can come into play also during a divorce as “grounds” for a divorce, so an overall skilled knowledgeable attorney is needed.
About Michael D. Schmitt, ESQ.
Attorney Michael D. Schmitt, ESQ serves the Rochester, New York and surrounding areas in the practice of family law, personal injury, criminal defense, and DWI/DUI matters. He has years of experience in the complexities of New York state divorce law. The website has an online form, videos, a blog and several methods of contact, including phone and email. The end goal of Attorney Schmitt is a commitment to excellence in the practice of divorce, family law, personal injury, and criminal defense within New York State. His credentials are present on the website, www.lawfirmrochester.com, as well as five-star testimonials. A free guide exists on divorce and legal matters.
Company Name: Michael D. Schmitt, Esq.
Contact Person: Media Relations
Email: Send Email
Phone: (585) 294-2138
Address:36 W Main St #500
State: New York 14614
Country: United States