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 …
Why Hire an Attorney for an Uncontested Divorce When Forms are Available Online?
Filing a New York uncontested divorce or an annulment can seem easy to do. In the case of an uncontested divorce, there are forms available on the court’s website. For annulments though, there are no forms available to the public, but it is substantially similar to filing for an uncontested divorce. That being said, there are over 15 documents that …
The 4-Step Divorce Mediation Process
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 …
Top 10 Reasons Why Prenuptial Agreements Are Romantic
As I wrote in this post a few years ago, I believe that engaged couples should shift the way they look at prenuptial agreements. I will be speaking tonight to my BNI Chapter on why I think prenuptial agreements are romantic. If you’re in NYC, I would love for you to come and hear the presentation. If you cannot make …
New York Divorce: Rehabilitative Spousal Maintenance
Durational (a/k/a rehabilitative) maintenance can be awarded to enable the lesser-monied spouse to get back on his or her feet and become self-sufficient following a divorce. Most commonly, durational maintenance is usually provided to spouses that have been out of work for a while or spouses who are caring full-time for young children and need time and resources to become …
That Pesky Student Loan Debt and Divorce
In case you missed it, I was quoted in this Wall Street Journal article talking about premarital student loan debt and divorce (and admitting my law school debt load). In a marriage, everything fits into one of three buckets: separate property for each spouse and marital property. Debt also fits into one of these buckets. In New York, property and …
Divorce: I’m Living in a Pre-Marital Home- Now What?
All property in a divorce fits into one of three buckets: (1) Husband’s separate property, (2) Wife’s separate property, and (3) Marital Property. Property will be divided by equitable distribution (which does not necessarily mean equal). Marital property is broadly construed in order to give effect to the ‘economic partnership’ concept of the marriage relationship recognized in the statute. Separate …