Happy Third Year Anniversary to this blog! Seems like just yesterday I was writing this second year anniversary post. Time flies when you are having fun! It’s been an exciting third year of this blog. Here are a few highlights: 1. This law blog (“blawg”) made the American Bar Association’s (“ABA”) Top 100 Blawg list. Nominations for 2012 are right …
Relocating from New York with Marital Children After A Divorce
I love New York and I certainly don’t want to move elsewhere but I understand why someone else might. After a divorce, one parent may wish to relocate either to pursue a new relationship or to be closer to family. If there is no visitation granted to the other parent, the custodial parent can move freely. However, in most cases …
Debrief From Skype Conversation About Being An Agriculture Attorney
I hope that my readers had a wonderful Fourth of July vacation and were able to spend some time in the sun. I had a nice time running again and spending time on a few beaches on Long Island including Shelter Island and Robert Moses Beach. Some R & R is always a good thing. Last Friday, I enjoyed a …
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 …
How to Calculate Temporary Spousal Maintenance in New York
Temporary spousal maintenance is money paid from the higher-earning spouse to the lesser-earning spouse. It is typically applied during the pendency of the divorce but it can also be used as a guideline when a couple is married for relief in Family Court. I have received a lot of phone calls lately from folks whose spouse decides to cut them …
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 …
“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 …