Cruel and Inhuman Treatment is one grounds for divorce in New York. To plead this ground in a complaint for divorce, you must establish that the course of conduct is harmful to your physical or mental health making cohabitation unsafe or improper. In other words, you must show more than mere incompatibility and the misconduct must be serious, not trivial. …
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 …
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 …
Family/Matrimonial Law Seminars for Mental Health Professionals
I will be hosting a family and matrimonial law seminar series for mental health professionals with Deborah Kaminetzky, Esq. (@CedarhurstLaw on Twitter). The following topics will be discussed: grounds for divorce and the new “no fault” divorce law, child support, spousal maintenance, child custody/visitation, parental alienation, family offenses and orders of protection, and the duty to report family offenses. The …
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 …