It’s Prenup Season Folks for Summer Weddings- Here Are a Few Quick Tips to Keep in Mind

Rincker Law Family/Matrimonial Law, Farm Life, Food & Ag Law Leave a Comment

This time of year is my favorite season — and sometimes I refer to it as Prenup Season. Why? Couples planning to tie the knot this spring or summer may be considering a prenup.  I also posted a quick video here on the topic. Here are three tips for the betrothed who want a prenuptial agreement: The sooner, the better. …

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COBRA Basics for Divorcing Families

Rincker Law Family/Matrimonial Law Leave a Comment

As a divorce attorney, I get a lot of questions about Consolidated Omnibus Budget Reconciliation Act (“COBRA”).  More specific information relating to your family’s health insurance should be investigated by you and your spouse via the applicable employer. Generally speaking, COBRA is governed by the Employee Retirement Income Security Act (“ERISA”) and applies to covered employees, their spouses, their former …

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Family Law Issues in Agriculture: Prenuptial Agreements

Rincker Law Family/Matrimonial Law, Food & Ag Law Leave a Comment

Prenuptial agreements are oftentimes viewed as taboo; instead, farmers, ranchers, agribusiness owners, and food entrepreneurs should view prenuptial agreements like an insurance policy for a marriage. Nobody gets on an airplane thinking that it is going to crash, but you still go over the safety instructions. A prenuptial agreement simply notes the safety instructions in case the marriage terminates for …

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Family Law Issues with Agriculture: Estate and Succession Planning

Rincker Law Family/Matrimonial Law, Food & Ag Law Leave a Comment

It is uncommon for agriculture producers and business owners to consider estate planning and succession planning for their agriculture operation in the midst of a divorce; however, divorcing farm families should consider this while negotiating the division of marital assets. These assets may include the farm or ranch business and its assets. After all, divorce is one of the Big …

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New York Matrimonial Law: Service by Publication

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In a divorce, it sometimes is “impossible” to find and personally serve the defendant-spouse. After other efforts have been made, service by publication may be used as a last resort after “diligent” searching by other methods under CPLR 315. Service by publication is time consuming and may be costly. A poor person’s fee waiver for certain court filing fees is …

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Child Custody and Visitation: Getting the Basic Parenting Schedule in Place

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Parents should decide on a “basic parenting time schedule” that the parents will conduct in a regular week.  Parents should consider what is reasonable taking into consideration the location of the parent’s home, the parent’s schedule and the child’s schedule. If the parents do not live near each other, the parenting schedule deviates from regular short-term access such as every …

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Additional Considerations with Child Custody and Visitation Agreements – Think About Communication

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Information Sharing Most parenting plans include a provision requiring the parents to share information about the child(ren) with such information as: medical records psychological records law enforcement records school report cards school progress reports school event calendar (e.g., school play, parent-teacher conferences) extra-curricular activities calendar (e.g., baseball game schedule or dance recitals). Some parents decide to keep a shared calendar …

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NY Family Law: Prenuptial Agreements, Bad Choices and Unconscionably

Rincker Law Family/Matrimonial Law Leave a Comment

If you are making a bad decision, does that automatically mean that it was not a meaningful decision?  The Court in Barocas v. Barocas, 94 A.D.3d 551 (1st Dept. 2012) sure thought not.  Arguing that the prenuptial agreement is unconscionable is a way to have the agreement declared invalid.  In Barocas, the parties disclosed all of their assets and the …

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The 4-Step Divorce Mediation Process

Rincker Law Alternative Dispute Resolution, Family/Matrimonial Law Leave a Comment

It’s as easy as 1,2,3… 4!  Okay, okay, divorce mediation isn’t always so “easy” but this document that I created demonstrates the 4 step process. Initial Consultation – this is where an initial consultation agreement and confidentiality agreement is signed and the mediation process is discussed Mediation Period – this could take a bit depending on the complexity of the …

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