Family Court and Supreme Court has concurrent jurisdiction on family offenses. An indigent person may receive court-appointed representation in Family Court if they are under a certain income threshold. Family Offenses are crimes; therefore, Criminal Court also has jurisdiction over family offenses. In order for one party to bring a family offense petition in Family Court, one of the following …
Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”
I am frequently asked this question during divorce consultations. There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …
Grow NYC Report on Greenmarket Farmers: “Farmers on the Edge”
Last month, I had an opportunity to visit with someone at Grow NYC (who runs Greenmarket), who shared this report with me (funded by the Doris Duke Charitable Foundation): “Farmers on the Edge: An Assessment of Greenmarket Farmers’ Needs, and the Growing Challenges of Keeping Their Farms Viable.” I finally had an opportunity to review the report in detail. It …
A Few Thoughts on Matrimonial Agreements
Matrimonial agreements are always encouraged, especially with divorces. When people enter into an agreement as opposed to getting an order from a judge, it is more likely that they will comply with the agreement. Any type of matrimonial agreement is a contract and can be enforced by court action just like any other civil contract. Matrimonial agreements may discuss the …
Build a Management “Team” For Your Family Farm or Agri-Business
One of the biggest hurdles in successfully passing down a family business (with any kind of family business) is training its successors. Same is true with family farming operations or agri-businesses, which require specialized knowledge and skill sets. Failure to do so adequately can mean the end to a family business with the manager deceases or is no longer able …
NBI Webinar: Estate Planning for Farmers and Ranchers
The National Business Institute (“NBI”) will be having a substantive webinar on October 3, 2012 from 11:00am to 6:00pm ET (that’s no typo – it’s a 7 hour webinar…). It’s a little pricey for a webinar but if you are interested in this topic (like me) then I think it’ll be worthwhile. Topics for the webinar include the following: (1) …
Determining Your Goals For the Estate Planning Process
For those of you who have decided to charge ahead with an “estate plan” for your family, it’s important to really think about your goals of the estate planning process. Your objectives will help guide the entire estate planning process and will be a guidepost to your estate planning attorney in helping formulate the correct game plan. As a caveat, …
Online Business Plan Course for NY Farms
I hope my readers had a fantastic Labor Day. I was beachside getting some R & R. Cornell Small Farms Program‘s Northeast Beginning Farmers Project will be offering an online course title “Planning for Sustainability – Writing Your Business Plan” where participants will hear from farmers, business management educators, and bankers about business plans. The course begins on October 4th and …
Harvard’s Food Law & Policy Career Guide
Big thanks to Jean Terranova (@JeanTerranova for you Twitter folks) for sending me the Food Law and Policy Career Guide by the Harvard Food Law & Policy Clinic and Harvard Food Law Society. I think it’s an excellent resource for folks interested in a career in food & agriculture law. The guide briefly notes areas of concentration including agriculture, biotechnology/GMOs, …
New York State Farmers Markets
I was recently reminded of this expansive list of farmers markets (organized by county) throughout New York State by the NYS Department of Agriculture & Markets. You can find the winter markets here. In New York City, GrowNYC’s Greenmarket, Community Markets and Harvest Home are the Big 3. I’m excited about the growth of farmers markets in both urban and …
The Collaborative Divorce – The Right Fit For You?
Collaborative law is an alternative to a lengthy, expensive, and adversarial litigation process. Couples, with the assistance of their attorneys (and sometimes other professionals), make joint decisions regarding the dissolution of their marriage. In order for the collaborative process to work, both the husband and wife must agree to work effectively together to reach goals that satisfy both parties. Trust …
Estate Planning is More Than Just Getting a Last Will and Testament
Many people think that “estate planning” is really just hiring a lawyer or downloading a program off the internet (which I do not suggest) to draft a Last Will and Testament. However, it’s more complicated than that. A good estate planning attorney will have you complete a questionnaire giving him/her information on your family tree, assets and liabilities in order …