Victor Family Attorney
Starting the divorce process can be overwhelming and lead to feelings of uncertainty. Seeking legal help as soon as possible can help mitigate stress and ensure your rights and interests are protected. A Victor, NY family lawyer can help you get the results you desire.
Why Hire a Family Lawyer?
Jonathan C. Trotto is a relentless advocate for his family law and divorce clients in Victor, NY. The Trotto Law Firm, P.C., is highly regarded throughout the Greater Rochester area and can assist with family law matters, including divorce, child custody, premarital agreements, and fathers’ rights.
Divorce in Victor, Ontario County
The Supreme Court is the only court that handles divorce cases in New York. In Ontario County, the location of the Supreme Court is 27 North Main Street, Canandaigua, NY 14424. This is the location where your attorney will file paperwork, and your case will be heard.
When you file for divorce, you will be referred to as the plaintiff, and your spouse will be referred to as the defendant. In 2024, according to US Census data, there were 47,357 divorces granted in the state of New York and 518 divorces in Ontario County.
There are certain requirements you must meet to apply for a divorce in New York, including the following:
- Residency. You must demonstrate that you or your spouse lived uninterrupted in New York for one year.
- Grounds. You will also need to state the reason or grounds for the divorce. Legally acceptable reasons include cruel and inhuman treatment, adultery, abandonment, irretrievable breakdown, or living separate and apart pursuant to a separate judgment or decree or a separation agreement.
- You must know the whereabouts of your spouse. The state of New York requires that divorce papers be delivered in person to the defendant. The Supreme Court Clerk’s Office can provide information on alternative service if you can’t locate your spouse.
You will also need to complete a Statement of Net Worth. The form details all of your financial information, including property, debt, income, and expenses. You will need to have the document notarized before submitting it to the court.
Contested and Uncontested Divorce
In New York, there are two types of divorce you can pursue: contested and uncontested. An uncontested divorce means that both you and your spouse want to divorce, and you agree on what should happen to your finances, children, and property following the divorce.
A contested divorce occurs if one party does not want to divorce, the parties can’t agree on the grounds for divorce, or there is disagreement over what will happen to property, finances, and children after the divorce. In a contested divorce, the judge will require detailed information to decide the case.
A judge will not sign a Judgment of Divorce until all financial and parenting issues are resolved. Sometimes, couples use Alternative Dispute Resolution (ADR) to work out their differences. There are several types of ADR, including arbitration, mediation, collaborative law, and neutral evaluation.
Contact a Victor Family Attorney
The Trotto Law Firm, P.C., is equipped to handle the complexities of your unique family law case. If you need assistance with a divorce, separation agreement, child custody, or guardianship, we can help. Our office offers comprehensive family law services. Please contact our office to schedule a consultation today.
