Divorce

Dividing Retirement Assets

In New York State, all marital property is subject to the state’s Equitable Distribution Law. This includes, but is not limited to, assets such as real property, personal property, checking/savings accounts, and of course retirement accounts. Traditional/Roth IRAs, 401(k)s, 403(b)s, and 457(b)s are the types that most often come to mind and frequently are the simplest to deal with. Another type of retirement account that is waning in popularity and sometimes overlooked, but potentially holds the greatest value, is a pension.

read more

Pensions and Divorce

In New York State, all marital property is subject to the state’s Equitable Distribution Law. This includes, but is not limited to, assets such as real property, personal property, checking/savings accounts, and of course retirement accounts. Traditional/Roth IRAs, 401(k)s, 403(b)s, and 457(b)s are the types that most often come to mind and frequently are the simplest to deal with. Another type of retirement account that is waning in popularity and sometimes overlooked, but potentially holds the greatest value, is a pension.

read more

Grounds for Divorce

Divorce is a legal action that ends or dissolves a marriage. In New York State, you must have “grounds,” or a legally acceptable reason, for divorce.

read more

Advantages of Divorce Mediation

Going through a major life event such as divorce is a significant and stressful experience. It’s not only emotionally devastating and can make you feel out of control, but the divorce process itself can be long, drawn-out and destructive to everyone involved, including your children. Divorce mediation offers a way to regain that sense of control, as well as many additional benefits when compared to a typical, lawyer-driven divorce. Follow the link to see the five biggest advantages to choosing divorce mediation.

read more

Divorce Mediation Myths

Despite being a process that is quite possibly thousands of years old and been in use in its modern form for decades, mediation is still a mystery to many and often has many misconceptions associated with it. Divorce mediation is of course no different. Below are some of the most common divorce mediation myths debunked.

read more

Dear Rochester, Retire Well Podcast

In this episode, David Pulcini welcomes guest Alison Bates, a matrimonial and family law attorney at Bates Family Law, P.C. Together, they discuss the financial and legal considerations that come with the divorce process and answer frequently asked divorce questions.

read more

What is Discovery?

In any type of legal proceeding, discovery is the most important part of the case. Discovery is the process of gathering information and documents relative to each party’s position in the case. Without discovery, an attorney cannot negotiate settlement terms or...

read more

What is a Request for Judicial Intervention (RJI)?

Every divorce case will require a judge’s involvement at some point in the matter. The judge’s involvement may be required to resolve disputes during the pendency of the case or at the end to sign off on your divorce. The only way to get a judge assigned in your case...

read more

How will our assets and debts be divided?

When couples marry, they merge their lives, and this most often involves a merging of finances and possessions as well. Therefore, it follows that upon dissolution of the marriage, all assets will need to be redistributed back to the two individuals and all debts will...

read more

If I move out, is that considered abandonment?

Defining Abandonment “Abandonment” is a term that often causes confusion and worry in the context of a divorce. It’s important to be clear on what constitutes abandonment if you are considering moving out of your marital home or if your spouse has left. In New York...

read more

Parental Alienation

When I first met Alison, I was a recently separated father experiencing parental alienation and was having limited access to my child despite my requests to the mother. Alison explained to me that what I was experiencing was not...

read more

What is the difference between custody and visitation?

Parents beginning the divorce process have many factors to consider when it comes to the future well-being of their child. Typically, both parents want to have as much time as possible with their child. It can be possible for divorcing spouses to work out arrangements...

read more

Compassion and Support

The following is a client-submitted testimonial... Alison was a source of compassion and support to me during a very difficult time. She is very knowledgeable and a strong advocate when needed. I appreciated her prompt responses and straightforward manner. When things...

read more

Is a legal separation required prior to divorce?

A relatively widespread assumption is that a legal separation is the first step in the divorce process. However, in New York State, it is no longer necessary or even common to be legally separated before being legally divorced. A divorce is considered either...

read more

An Experienced Advocate Through a Challenging Divorce

The following is a client-submitted testimonial... Alison has been phenomenal during a very challenging divorce. Her empathy and compassion for my situation while being direct with the realities of the legal system were reassuring and made me feel secure in the path...

read more

What our clients are saying...

“Alison represented our daughter from birth until the finalization of her adoption. She was the most knowledgeable, patient, and thorough attorney we could possibly have worked with. While navigating the Family Court system can be incredibly confusing and taxing, Alison took the time to explain every step, and advocated tirelessly for the best interests of our child.”

– Julia C.

“Alison helped me get my kids back in my life! I had an order of protection against me that didn’t allow me to see my kids for 3 months... The day after the court date I was able to see my kids again... I can’t imagine what the outcome would have been if I didn’t have Alison in my corner.  Forever Grateful!”

– Mike P.

“Alison Bates is not just my attorney. Alison Bates is a warrior who battled to make sure my son and I could be together. Alison Bates was my light on a very dark, lonely and scary path. Now I look into my son's eyes and it is hard not to think about Alison and all she did in helping me maintain that unbreakable bond.”

– Mark I.

“Alison has been phenomenal during a very challenging divorce. Her empathy and compassion for my situation while being direct with the realities of the legal system were reassuring and made me feel secure in the path we were taking every step of the way...”

– Tiffany R.

“Alison was a source of compassion and support to me during a very difficult time. She is very knowledgeable and a strong advocate when needed. I appreciated her prompt responses and straightforward manner. When things became difficult, I felt glad to have her in my corner.”

– Kristen H.

When I first met Alison, I was a recently separated father experiencing parental alienation and was having limited access to my child despite my requests to the mother. Alison explained to me that what I was experiencing was not uncommon early on in the separation process and fought hard on my behalf to resolve the matter in a fair and equitable way. Alison was efficient, reliable, and provided clear communication throughout the entire process. I would highly recommend her representation in any family law or divorce proceedings.

– Cory G.

Get Started

If you have questions or would like to schedule a consultation, contact us here.

Bates Family Law, P.C. • (585) 433-4661