Cari Rincker was a Guest on the Inspiring Business Podcast with Mark Bullock

Cari RinckerAgriculture Law, Family/Matrimonial Law, Podcasts Leave a Comment

I was a guest on Inspiring Business Podcast with Mark Bullock. Tune in for these key takeaways: * Transition from Farm Girl to Lawyer * Balancing Motherhood and a Law Practice * The Billable Mom Podcast * My Work in Mediation and Family Law YouTube: https://youtu.be/HvlnibgAQBw Check out the episode on any of the following platforms: Youtube Website Facebook Business …

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What Do Prenups Oftentimes Discuss?

Cari RinckerFamily/Matrimonial Law Leave a Comment

I note three key issues usually discussed in prenuptial agreements in this short video.  They are the identification of separate/ marital property, spousal maintenance and estate rights. Interested in a free 15 minute consultation on a nuptial agreement? Please contact cari@rinckerlaw.com or call (217) 531-2179.

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Illinois Prenups: What You Need to Know to Get Started

Cari RinckerFamily/Matrimonial Law Leave a Comment

Do I need a prenup before I get married? No one gets married with the intention of getting divorced, but it is always a good idea to protect your rights and your property in the event that life does not goes as planned, regardless of your financial circumstances. Divorce is inevitably complicated, contentious, and unpredictable.  In Illinois, the law requires …

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Ask Kym: Can I Modify Spousal Maintenance in New York if I Have a Child in New Marriage?

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Babies are expensive.  Getting married is expensive.  Having a wife is expensive.  All of these are considerations to be had when you have support obligations arising out of a first marriage.  Many people think that since the payor (the one paying support) has a “new family,” the obligation to the first spouse will cease.  This is not the case. In …

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New York Divorce Law: When the Marital Residence May Not Be Marital Property

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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 …

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

Rincker LawFamily/Matrimonial Law Leave a Comment

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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Change in Guidelines for Calculating Temporary Maintenance in New York

Rincker LawFamily/Matrimonial Law Leave a Comment

On September 25, 2015, New York governor, Andrew Cuomo, signed into effect legislation that has changed guidelines set for determining temporary spousal support. These guidelines for temporary maintenance go into effect October 26, 2015. One of the major changes under the new bill is the reduction in the income cap from $543,000 to $175,000. Additionally, starting on January 31, 2016 …

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New York Divorce Law: Physical Abandonment

Rincker LawFamily/Matrimonial Law 1 Comment

One of the “fault” grounds for divorce in New York is abandonment.  There are two types of abandonment – physical abandonment and constructive abandonment (or sexual abandonment). In order to plead the ground of physical abandonment in a complaint for divorce, you must establish that 1) you have been abandoned by your spouse for one year or more, 2) the abandonment was …

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Primer in New York Matrimonial Law

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I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys.  We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …

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The Termination of Spousal Maintenance in New York

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I get a lot of questions from client regarding spousal maintenance (or alimony) and when it terminates.  No matter how much maintenance is awarded or how long the duration of the maintenance is, in all cases maintenance ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally …

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An Annulment in New York Based on Fraud

Rincker LawFamily/Matrimonial Law 5 Comments

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 …

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Why Hire an Attorney for an Uncontested Divorce When Forms are Available Online?

Rincker LawFamily/Matrimonial Law Leave a Comment

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 …

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