As I noted in this post, I have been participating in the New York Peace Institute’s Community Mediation Apprenticeship Program. I started my journey in December 2011 by completing the 40-Hour Basic Mediation Training. I then started the 13 – week classroom portion of the apprenticeship in January 2012. New York Peace Institute has strict standards for its apprenticeship program …
Workshops Available at FamilyKind on the Upper West Side in New York City
As my readers know, not only am I a food and agriculture lawyer but I also have a family and matrimonial law practice. I wanted to point out a helpful organization here in New York City for you folks who may be going through a separation or divorce: FamilyKind. It offers separate classes for adults, children and teens to better …
Ask Cari: “When Can I Obtain an Order of Protection in NY Family Court?”
Family Court and Supreme Court has concurrent jurisdiction on family offenses. An indigent person may receive court-appointed representation in Family Court if they are under a certain income threshold. Family Offenses are crimes; therefore, Criminal Court also has jurisdiction over family offenses. In order for one party to bring a family offense petition in Family Court, one of the following …
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 …
Estate Planning Isn’t Just For the Elderly
Let’s face it. Estate planning is easy to push off. What’s another week… another month… another year… another five years… After all, I’m healthy. My spouse is healthy. We don’t have kids. We don’t have a lot of assets. I don’t care if what-little-I-do-have follows the rules of intestacy (i.e., the “default rules” if you die without a Last Will …
Sibling Visitation Rights in New York
There is a presumption that a parent knows what is best for his or her child and can decide who the child sees and when. When parents divorce, siblings or half-siblings might be split and their relationships might suffer. In New York, siblings (full-blood and half-blood) have a statutory right to visitation with each other. This is outlined in New …
How to Legally Change Your Name in New York
It’s a new day….and time for a new last name. There are various reasons people want to change their names. This post will primarily focus on the process for changing your name incident to a divorce. Most Judgments of Divorce grant the ex-wife permission to resume using her maiden name (or surname). If this is the case, there is no …
I’m German. We Like Extra Letters. It’s RinckerLaw not RinkerLaw
Poor Julie Rinker in Texas has been receiving emails to sent to cari@rinkerlaw.com – she has thankfully forwarded them my way. Please remember that I have a “C” before the “K”. And remember that I spell my name Cari – not Carrie. Email me at cari@rinckerlaw.com. Thanks! And have a great weekend. I’ll be at the Yankees v. Mets game …
Completed NY Child Custody & Visitation Mediation Training
This weekend I completed New York child custody and visitation mediation training in Queens at Community Mediation Services, Inc. It was a complementary training to my divorce mediation training this winter with the New York Peace Institute. I am continually impressed by the quality of the education at our Community Dispute Resolution Centers (“CDRC”) in the state of New York. …
Helping Your Children Survive a Divorce
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 …
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 …