I recently came across this Parent’s Handbook from the New York State Parent Education and Awareness Program. If you are currently going through a divorce or separation with children, I recommend reviewing the handbook. I especially liked the section in the handbook when it talks about the emotional effects of children in different age groups. I am not a parent …
“Contested” vs. “Uncontested” Divorces – So What Exactly is the Difference?
In New York, a contested divorce is one where the parties do not agree on whether or not to get divorced, on what the grounds for divorce will be, and/or on all or some of the ancillary issues to the divorce including but not limited to durational/rehabilitative spousal maintenance, child support, and equitable distribution. All or some of the issues stated …
Licenses, Degrees, and Professional Practices/Businesses in NY Divorce Actions
New York uniquely classifies a spouse’s enhanced earning capacity (a professional degree or license) or professional practice or business as an asset for equitable distribution purposes. In order for enhanced earning capacity or interest in a business or professional practice to be considered during equitable distribution, it must be “marital property.” For example, a license or degree is marital property …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
Overview of Equitable Distribution in New York
New York courts in a matrimonial action uses the term “equitable distribution” to describe how the assets will be divided between the two spouses. The term “equitable distribution” refers the equitable (not necessarily equal) distribution of marital assets upon a divorce. (When I tell my clients that the court divides things “equitably” not not necessarily “equally” I get a …
Why You Might Want To Consider Virtual Mediation Via Skype
I recently read this blog post and it made me think: why would someone prefer “virtual mediation” via Skype or some other video conferencing tool? Lots of reasons. Here are a few: 1. Travel Time/Expense. Perhaps you are a food or agriculture producer or agribusiness owner and do not live/work around New York City. Or perhaps you live in New …
Debrief from Skype Conversation About Being an Ag Lawyer
I had the opportunity to speak to a great crew via Skype last Friday about being an agriculture lawyer. It’s casual “open mic” style so we talked about whatever the participants wanted to talk about. I have been getting a lot of these types of inquiries lately from folks in many different stages of life/career. I want to note a …
So What If I Don’t Agree If My Marriage Is “Irretrievably Broken?”
As I noted in this post, New York now has “no fault” divorce permitting the court to award a divorce based on one spouse’s sworn statement that the marriage has been “irretrievably broken” for at least the prior six (6) months prior to the commencement of the divorce. So what exactly does it mean for a marriage to be “irretrievably …
Growing Mediation Practice
Part of the reason why Rincker Law, PLLC moved last week is due to my expanding mediation practice. Not only have I completed the 40-Hour Basic Training and Divorce Mediation Training with the New York Peace Institute but I am a R. 1:40 qualified mediator for the Civil, General Equity and Probate Cases and Civil Presumptive Mediation Program Roster in New …
Overview of the “No Fault” Divorce Ground in New York
As a matrimonial attorney, I receive a lot of questions about “no fault” divorce law. No fault law in New York did not remove the need for a “ground” in order to be divorced. In other words, New York has been and still is a “grounds” divorce state. Until October 12, 2010, there were only six grounds for divorce in …
Fridays With Cari: Getting Divorced in New York
We’re here. The last Fridays with Cari webinar (in this series) will be on Friday, February 24th from 2-3pm. I will be giving an overview of the New York divorce process. I will briefly explain court procedures, stages in litigation, the differences between contested and uncontested divorces, grounds for divorce, no fault divorce law, conversion divorce, the Child Support Standards …