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 …
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 …
Divorce: Cohabitation Before Marriage – Does that Make a Separate Asset Marital?
Under New York law, a separate property asset does not become marital property just because the parties were a couple at the time the property was purchased. Revisiting the case of a house which was purchased by one party before the marriage, which is separate property, an unfortunate realization for many people is that living together in a house one person …
Three Ways Working Overtime Can Affect Child Support in New York
Parents’ total income is used when calculating child support under the Child Support Standards Act (“CSSA”). To arrive at the total income amount, the most recent year’s Federal tax return is usually used. This includes overtime pay. Overtime pay can be tricky as a source of income because it can be very inconsistent. When the court calculates child support based …
Divorce Paths in New York: Contested vs. Uncontested Divorces
When I have a consultation with a divorce client, I always explain all of their different options. There are two different paths in New York for divorces – contested divorces and uncontested divorces. In contested divorces, court intervention is used. In either path, mediation can be used as a tool to help encourage settlement. Rincker Law, PLLC also does pro …