Areas of Focus

Divorce

Attorney, Leonard Rosner will help you through the process of divorce, and is here to answer any questions you may have. He will provide you with options, create a case strategy, and negotiate with your well-being in mind. His team understands the stress and emotions that can come with a divorce and are dedicated to helping you move on to the next phase of your life with your eye on the future that is still bright and promising.

Whether you're currently facing or considering ending a marriage in the state of New York, we can help! Call our Rochester, New York office today at 585-249-0510 to schedule a consultation time. Applying decades of experience, Mr. Offen offers the attention and strong representation you need to protect your interests and avoid any regrets.

No-Fault & Fault-Based Ground for Divorce

Since October of 2010, New York has been a no-fault divorce state. Leonard A. Rosner Attorney at Law has been abreast through the process for signing this bill into law, and offer successful representation for our clients who are involved in a no-fault divorce.

What is a no-fault divorce?

In the situation for a no-fault divorce, it means you do not have to state grounds for your divorce. Your divorce may be filed based on the “irretrievable breakdown” of the marriage. This reasoning is very common for couples wanting a divorce today. People simply grow apart, and under a no-fault divorce, the process can proceed without having any other reason for the divorce.

It is important to understand that even in a no-fault divorce, many important issues must be resolved prior to obtaining a divorce decree. Attorney, Leonard A. Rosner will help protect your rights in any divorce issues such as:

  • Child custody and visitation
  • Child support
  • Spousal maintenance
  • Property division

Call us today at 585-249-0510 for more information on how Mr. Offen can help you with your no-fault divorce legal needs.

Separation Agreements/Opting Out

In our world today, there are hundreds of reasons people are deciding to go for legal separation rather than proceeding with a divorce. One reason is that a marital separation agreement can allow a couple to divide their property while keeping their health insurance coverage as is by remaining formally married.

What Exactly is a Separation Agreement?

A separation agreement is a contract between someone and their spouse. The agreement is used to resolve any issues the couple may have, including property division, child custody, and spousal maintenance. This agreement is very detailed and can even list issues that will be dealt with in the future.

Benefits that come from a Separation Agreement include:

  • By organizing a separation agreement prior to a divorce, it can allow for a calmer and more civil divorce process. It allows both parties to settle cases (such as child custody) before a formal divorce is pursued. It also keeps the court out of any decision-making.
  • Getting a legal separation is also generally a preferred alternative for couples who receive financial benefits from staying legally married, or those who do not want to pursue a divorce due to religious beliefs.

At Leonard A. Rosner Attorney at Law, we have knowledge and experience in the world of separation agreements. Mr. Offen can discuss the pros and cons of a legal separation, while protecting your best interests and options during the entire process.

Child Custody & Visitation

When it comes to the custody of a child, it can be a very sensitive and emotionally charged issue. We take into account the family dynamic, habits, and past behavior in order to work with the laws to create a custody plan that is designed with the best interests of the child in mind.

At Leonard A. Rosner Attorney at Law, we can help you evaluate your custody arrangement options such as:

  • Joint custody: this is when both parents have a voice in any decision-making that happens with their child, though one parent may have more time with the child then the other parent
  • Sole custody: this is when one parent is given complete custody of a child, the other parent may be given visitation rights and will have a limited decision-making input
  • Shared custody: this arrangement means that the parents can agree on how to divide physical custody of their child, there is usually a 50/50 sharing time of the child
  • Split custody: this option generally involves more than 1 child, and one child's main residence is with 1 parent while the others is with the other parent

If child custody is important to you, then don't waste any time! Call our office at 585-249-0510 for more information.

Child Support / Spousal Maintenance

Attorney Leonard Rosner will help you determine all of your child support or spousal maintenance needs.

In New York State, the non-primary residential parent, by law, is looked at to pay child support to the residential parent. The Child Support Standards Act shows that generally payments are 17% for one child, 25% for two, 29% for three, 31% for four and 35% for five or more children. Payments made are based on the person's gross income, less FICA and less payments being made on behalf of any other children or spousal maintenance. There is a variety of criteria that are significant in determining the amount of support that should be paid by a parent.

When it comes to spousal maintenance (formally known as alimony), the longer the marriage and the higher the amount of incomes is between parties, the higher the amount of spousal maintenance will be and it will also result in a longer period of time to be paid for.

In 2010, New York made great changes to the divorce laws. They instituted guidelines for temporary spousal maintenance calculations and changes to the factors a court needs to consider when making decisions on spousal maintenance.

Contact Leonard Rosner today for all of your child support and spousal maintenance legal needs!

Equitable Distribution / High Net Worth Divorce / QDROs

At Leonard A. Rosner Attorney at Law, we work to get you the best outcome of your divorce and equitable distribution. We take the time to evaluate every angle of your individual situation and determine what percentage each party should receive of every asset. These assets can include your 401K, retirement plans, the value of a professional business, a professional license, bank accounts, and more!

Through the years, we have helped a range of business owners, professionals, and others with a unique financial situation with all of their high net worth divorce situations. Just because you may have a large estate or high incomes, does not mean your case should take years to figure out. We will work on you behalf to come to an agreement where both sides are happy. Let our years of experience and knowledge work for you! Call us today.

Post Divorce Modifications

When going through a divorce, you may not have the time to think clearly and can go through a roller coaster of emotions. At Leonard A. Rosner Attorney at Law, we understand that a divorce cannot take certain situations into consideration, such as a job loss, job changes, a need to relocate, and much more. Should a change like this arise, you have the option of a post divorce modification.

A post divorce modification allows you to modify custody or visitation orders to reflect the changes that have occurred. Our entire team is very knowledge in every aspect of post divorce modifications, call us today for more information!

Prenuptial & Postnuptial Agreements

It is important and sometimes beneficial for a couple to develop a prenuptial agreement to cover a range of circumstances. Leonard Rosner can assist you with all of your prenuptial and postnuptial contract needs to protect your best interests. We can discuss one-on-one with you about what is and what is not included in a postnuptial or prenuptial agreement. Call us at 585-249-0510 for more information.

2010 Changes to New York Divorce Law

On October 14th, 2010, divorce laws were changed in the state of New York. One major change that occurred is now New York law allows no-fault divorces. If you're someone who is thinking about getting a divorce or has been served with divorce papers, you may be wondering what these new laws mean for your situation.

How Does the Divorce Reform Act Affect Me?

Attorney Leonard A. Rosner is on hand to discuss with you about what the divorce reform may mean for you. These changes may effect you in the following ways:

  • A no-fault divorce gives you and your spouse the right to end your marriage because of irreconcilable differences (this mean you no longer have to give a reason for a divorce).
  • It has now become easier to obtain legal fees at the start and through the process of getting a divorce.
  • The changes have made it so spousal maintenance can be granted on a temporary and final basis.
  • With a no-fault divorce option, it is important to establish your equitable distribution of property immediately. Before these changes, a spouse could contest the ground for divorce to prevent a property from being equally divided.
  • A no-fault divorce affects prenuptial and postnuptial agreements since the reasoning regarding spousal support need to be reflected in these agreements.
  • Modification to child support has been significantly changed.

For more information on how these new laws effect your divorce situation, call us at 585-249-0510 today!

Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.