A divorce just takes one party to want to get a divorce in most states. States like Illinois and New York both require the “ground” that the marriage is irretrievably broken. Similarly, it only takes one party to state under oath that the marriage is irretrievably broken. It doesn’t mean you two aren’t having sex or aren’t living together – …
Cari Rincker is Trained as Online Family Law Mediator
I’m very proud to be a part of a nimble profession who is able to adjust during these unprecedented times. I have been conducting meditations online via Zoom and GoToMeeting for family law disputes (including child issues and divorce matters). I took it up a notch in the month of May and completed a 20 hour training via Mediate.com. Rincker …
Family Law Issues in Agriculture: Keeping the Business Intact
Most parties going through a divorce do not consider the option of keeping the farm business intact. Everyone’s brains (including the lawyers’) typically go to dividing the farm/ranch assets, along with its inventory. However, there is another option: keeping the business intact. This has several advantages, especially if this is a multi-generational farm family business. This requires careful planning and …
Family Law and Cryogenetics
Cryogenically frozen embryos are a very unique type of marital property, to say the least. They represent two divorced people having a baby. Dividing this unique, and emotionally charged, property hinges on balancing one party’s interest in not being forced to procreate after a divorce and the right of the other party to have a biological child, which in most …
New York Matrimonial Law: Durational Spousal Maintenance Calculations
In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00. Here is how maintenance would be calculated in an example where the incomes are as follows: Payor spouse’s Income: $200,000.00 per year. Payee spouse’s Income: $80,000.00 per year. Based on these figures, the adjusted gross income of the …
Wanna Catch-Up on My Old Podcasts?
So the cat is out of the bag – I will be starting a new podcast soon with Purdue University Extension called “Ag Law Today”. In preparation of entering this new podcasting, I have compiled my old appearances on podcasts. You can view it here. Happy listening and stay tuned for more info on Ag Law Today!
Protecting Your Children’s Inheritance When You are Divorced
Consider this story. Beth’s divorce from her husband was recently finalized. Her most valuable assets are her retirement plan at work and her life insurance policy. She updated the beneficiary designations on both to be her two minor children. She did not want her ex-husband to receive the money. Beth passes away one year after her divorce. Her children are …
New York Family Law: What is the Cost of Living Adjustment?
Cost of Living Adjustment (“COLA”) refers to when child support is increased based on the annual cost of living. If the cost of living, pursuant to the Consumers Price Index for all urban consumers (CPI-U), as published annually by the United States Department of Labor Statistics, increases by at least 10% then an adjustment may be made. It is important …
New York Divorce Law: When the Marital Residence May Not Be Marital Property
The law outlines what is marital property and what is separate property. However, the issue becomes murky when separate property was the marital residence, since often the marital residence is marital property. Real property purchased prior to the marriage does not become marital property merely because it is the marital residence (meaning that the couple lives there as husband and …
Ask Cari: Questions on Divorce, Debt and Prenups
Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …
Cari’s 6 Tips for Married Folks
I was recently interviewed regarding my “tips for married couples”. I’m a single gal and have never been married myself; however, I feel like I’ve learned a lot about married from my chair as being a matrimonial lawyer. For what’s it’s worth, here are my $0.02. (p.s. – Happy Pi Day!) 1. Talk About Finances. When people are going through …