In New York, the capacity for enhanced earnings is a marital asset based on the premise that all property acquired during the marriage is marital property. Professional licenses acquired during the marriage are marital property pursuant to DRL 236 (B)(1)(c) subject to equitable distribution because it is a valuable asset reflected in the enhanced earning capacity it affords to the …
Divorce in a Foreign Country
Many times people obtain divorces in other countries. In the United States, divorce matters are reserved to the states and are not dealt with federally. Divorces obtained in foreign countries are recognized in the U.S. based on the principle of comity (fancy word for being (considerate”). Under the principle of comity, a divorce obtained in another country under the circumstances …
Primer in New York Matrimonial Law
I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys. We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …
The Termination of Spousal Maintenance in New York
I get a lot of questions from client regarding spousal maintenance (or alimony) and when it terminates. No matter how much maintenance is awarded or how long the duration of the maintenance is, in all cases maintenance ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally …
Want To See What A Divorce Consultation With Me Is Like?
I will be giving a Mock Divorce Consultation to my BNI Chapter on December 2nd from 6 to 7:30pm at Club 101 in Midtown Manhattan. BNI is a great networking organization. For those of you in New York City, please come visit! More info here. If you are interested in visiting, please let me know.
A Primer on Matrimonial Law in New York
I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …
Ten Legal Tips for the New Parent
Something must be in the air – I have a lot of friends having babies! Having a baby and becoming a parent for the first time is exciting, but also very scary. There are many legal implications of having a baby and/or expanding your family. Here are my top 10 tips to make sure that you take legal steps …
Five Years? How’d That Happen? Happy Five Year Anniversary to Rincker Law
Time flies when you’re having fun, right? Last month, Rincker Law (and this blog) celebrated its Five Year Anniversary. Seems like just yesterday that I was writing this blog celebrating four years of my business (see my first, second, and third anniversary posts). The highlights of my fifth year in business have been writing my *first* book, being an Adjunct …
Family Court Order of Protection
I am oftentimes asked about when an order of protection can be obtained in Family Court. You may obtain an Order of Protection in Family Court if you are related to the respondent in the following manner: A current or former spouse; Someone you have a child in common with; Another family member that you are related to by …
When a Couple Calls it Splitzo, Who Gets Custody of the Dog?
In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Vote for Your Favorite Blawg (Preferably This One!)
It’s that time of year again when the American Bar Association (“ABA”) is taking nominations for the 8th Annual Blawg 100. This law blog (“blawg”) has made the Top 100 in the past- would love your support to get this blawg on there again. You can peruse the ABA Blawg Directory here. Would love for you to vote for this …
An Annulment in New York Based on Fraud
You can obtain an annulment based on one of the five reasons set forth in New York Domestic Relations Law (“DRL”) Section 140. This post will focus on an annulment based on fraud-DRL 140(e). Pursuant to this statute: An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force …