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 …
Why You Might Want To Consider Virtual Mediation Via Skype
I recently read this blog post and it made me think: why would someone prefer “virtual mediation” via Skype or some other video conferencing tool? Lots of reasons. Here are a few: 1. Travel Time/Expense. Perhaps you are a food or agriculture producer or agribusiness owner and do not live/work around New York City. Or perhaps you live in New …
So What If I Don’t Agree If My Marriage Is “Irretrievably Broken?”
As I noted in this post, New York now has “no fault” divorce permitting the court to award a divorce based on one spouse’s sworn statement that the marriage has been “irretrievably broken” for at least the prior six (6) months prior to the commencement of the divorce. So what exactly does it mean for a marriage to be “irretrievably …
Growing Mediation Practice
Part of the reason why Rincker Law, PLLC moved last week is due to my expanding mediation practice. Not only have I completed the 40-Hour Basic Training and Divorce Mediation Training with the New York Peace Institute but I am a R. 1:40 qualified mediator for the Civil, General Equity and Probate Cases and Civil Presumptive Mediation Program Roster in New …
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 …
Rincker Law, PLLC Has Moved!
Rincker Law, PLLC has moved to 535 Fifth Avenue, Fourth Floor, New York, NY 10017 at the corner of 44th Street. The office is within walking distance of Times Square, Grand Central Station and Bryant Park. I welcome you to come visit Rincker Law, PLLC at our new office in Midtown Manhattan. This new space has several beautiful conference rooms …
What Happens in Mediation Stays in Mediation
Because of my work on the Rule 1:40-12 Roster of Civil, General Equity and Probate Action Mediators in New Jersey (and recent mediation training in New York), I was reviewing the New Jersey Uniform Mediation Act this week. I wanted to stress something to my readers that may or may not be clear: (almost) everything that happens during mediation is …
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 …