Rochester Family Law Attorney
Robert A. Shapiro
New York State is primarily a "fault" state while most other states are "no-fault" states. What that means is that, absent any voluntary agreement or court order of separation, one party must use one of the six grounds for divorce that is set forth in Section 170 of the New York State Domestic Relations law.
- Cruel and inhuman treatment.
- Abandonment for more than one year.
- Confinement of the defendant in prison for 3 or more years after the marriage.
- The commission of an act of adultery.
- The husband and wife have lived separated and apart pursuant to a decree or judgment of separation for one or more years after the granting of such decree or judgment.
- The husband and wife have lived separated and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proven in the form required for a deed to be recorded, for a period of more than one year.
If there are children involved in the divorce then of course there is going to be the issue of custody. The law office of Robert A. Shapiro strongly believes in the proposition that since the parties to a divorce are going to have to keep open communication with each other until their child or children reaches the age of twenty-one, or is emancipated early, that they, the parties should be able to work together to determine the issue of custody and residence of the child/children as opposed to having a man in a black robe make that decision for you.
The terms of custody and "joint custody" are some times confusing. Basically it boils down to who is going to make the decisions in raising the children of the marriage. If the divorce is amicable and the parties can work together then the courts will generally grant joint custody. In a heavily contested custody case the courts will shy away from that and look to giving one party sole custody. The non-custodial parent would have less input as to the medical and educational information on behalf of the children.
Furthermore, in cases of contested custody the court would appoint a lawyer known as the "law guardian" to represent the best interest of the child/children. The parties may be required to pay for the legal services of this law guardian. Therefore the law office of Robert A. Shapiro thinks that it is in the best interest of both the children and the parties, to be able to work together to minimize their expenses during a very stressful and emotional break up of the family unit.
| One Child | Gross Income minus FICA X .17% | |
| Two Children | Gross Income minus FICA X .25% | |
| Three Children | Gross Income minus FICA X .29% | |
| Four Children | Gross Income minus FICA X .34% |
The courts will also order child support pursuant to the Child Support Standards Act. The basic formula is gross income less FICA. The applicable percentages are:
There are a number of criteria which are significant in determining the exact amount of support but this is just a rule of thumb. Other items to be considered are day care; medical insurance; uninsured medical and dental co-pays and quite possibility college education.
In high income cases the element of spousal maintenance can become quite sufficient, in that it is tax deductible to the person paying the maintenance and it is tax includible to the person receiving the payment.
New York State is not a community property state but since 1980 the State talks in terms of equitable distribution of marital assets and the law created an exception for "separate property".
In high income cases the use of experts for such as tax accountants, business evaluators, real estate appraisers and other similar experts adds to the cost of getting a divorce. This is why the law firm of Robert A. Shapiro strongly recommends to all its clients to view "taking the case to court and letting the man in the black robe decide" as a last resort.
New York State requires that in all matrimonial, family court and criminal matters, where the fee exceeds three thousand dollars that both the client and the attorney execute a written retainer agreement. In addition the courts require that both the attorney and the client sign the "Client's Rights and Responsibilities" document which is set forth below.
Because of these two factors the law office of Robert A. Shapiro has always extended to its clients and potential clients. Why? Because that is the time when you get to meet me and my staff and we get to meet you and have the opportunity to sit down in a calm atmosphere and talk to each other to evaluate the problems that you have and the services that we can provide to you. Remembering that the client has the right to pick and choose which lawyer he wants to represent him on that particular problem which is the most important thing in his life at that point in time, the law office of Robert A. Shapiro strongly believes that you should sit down and meet with the individual who is going to be doing your bidding. If the lawyer and the client don't have that personal bond or working relationship then the task at hand is doomed to failure.
Choosing the right attorney is not always about the price. "The bitterness of poor quality remains long after the sweetness of a low price is forgotten". You will always find an attorney who will do something for a few dollars cheaper then what you have been quoted.
To speak with an experienced Rochester, New York lawyer, contact the Law Office of Robert A. Shapiro.
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 | Rochester, New York attorney Robert A. Shapiro represents clients in the greater Rochester area and throughout western New York in communities such as Rochester, Pittsford, Fairport, Perinton, Irondequoit, Greece, Penfield, Webster, Henrietta, Gates, Chili, Canandaigua, Victor, Brockport, Spencerport, Batavia, and Brighton.Monroe County | Livingston County | Ontario County | Wayne County | Genesee County | Orleans County |