People oftentimes come into my office asking me this question. As of January 1, 2016, there are no more “fault-based grounds” for divorce in Illinois. Under 750 ILCS § 401 dissolution of marriage is based on irreconcilable differences only. Specifically, it must be alleged that: 1) There is an irretrievable breakdown of the marriage; 2) Efforts at reconciliation have failed; …
Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”
I am frequently asked this question during divorce consultations. There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …
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 …
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 …
Looking Back: Two-Year Blogging Anniversary
Seems like just yesterday I was driving across South Dakota with my dog Taylor before starting Rincker Law, PLLC and this blog. It’s been a great ride so far. Big thank you to my friends, family, colleagues, contract attorneys/legal assistants, clients and blog readers for all your support. It’s been a busy year indeed. Over the last year, I am …
Additional Topics To Be Discused At NY Family/Matrimonial Law Seminar for Mental Health Professionals
I hope that my readers had a wonderful Fourth of July. It’s one of my favorite holidays. As I noted in this previous post, I am completing a family/matrimonial law seminar series with Deborah Kaminetzky, Esq. The next seminar will be held on July 12, 2011 from 9:30-11am at the Marriott Hotel in Farmingdale, New York. It costs $25 to attend and …
NY Family/Matrimonial Law Webinar for Mental Health Professionals
As I noted in this previous post, I am planning a Family/Matrimonial Law seminar series for mental health professionals in New York City and Long Island. I have been contacted by a few therapists in Manhattan that cannot make the seminar next Tuesday. There will be a webinar next fall for those of you who could not make the seminar …
The New “No Fault” Divorce Law in New York
I want to preface this blog by saying that I’m a huge fan of marriage, family, Prince Charming, and (most) romantic gushy stuff (and if you want to send me flowers I prefer daisies or violet roses!). I believe that love is sometimes a choice and couples should do everything they possibly can to stay together- in the good times …