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 – …
I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …
Sometimes one spouse will sign the other’s name. Most times, this is consensual; however, there are times where it is nonconsensual and the other spouse had no idea it was done. This can come to a head when a divorce action ensues. New York is a no fault state, which means that courts do not “punish” parties of a divorce …
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 …
New York courts in a matrimonial action uses the term “equitable distribution” to describe how the assets will be divided between the two spouses. The term “equitable distribution” refers the equitable (not necessarily equal) distribution of marital assets upon a divorce. (When I tell my clients that the court divides things “equitably” not not necessarily “equally” I get a …
As I noted in this post, New York now has “no fault” divorce permitting the court to award a divorce based on one spouse’s sworn statement that the marriage has been “irretrievably broken” for at least the prior six (6) months prior to the commencement of the divorce. So what exactly does it mean for a marriage to be “irretrievably …
As a matrimonial attorney, I receive a lot of questions about “no fault” divorce law. No fault law in New York did not remove the need for a “ground” in order to be divorced. In other words, New York has been and still is a “grounds” divorce state. Until October 12, 2010, there were only six grounds for divorce in …
We’re here. The last Fridays with Cari webinar (in this series) will be on Friday, February 24th from 2-3pm. I will be giving an overview of the New York divorce process. I will briefly explain court procedures, stages in litigation, the differences between contested and uncontested divorces, grounds for divorce, no fault divorce law, conversion divorce, the Child Support Standards …
I’m excited for my new webinar series titled “Fridays with Cari.” I will be discussing a variety of agriculture issues with my Friday webinar series ranging from livestock animal cruelty law to estate planning. I believe that legal information should be affordable for everyone in the food and agriculture industry and I hope that my webinars will be educational to …
Seems like just yesterday I was driving across South Dakota with my dog Taylor before starting Rincker Law, PLLC and this blog. It’s been a great ride so far. Big thank you to my friends, family, colleagues, contract attorneys/legal assistants, clients and blog readers for all your support. It’s been a busy year indeed. Over the last year, I am …
I hope that my readers had a wonderful Fourth of July. It’s one of my favorite holidays. As I noted in this previous post, I am completing a family/matrimonial law seminar series with Deborah Kaminetzky, Esq. The next seminar will be held on July 12, 2011 from 9:30-11am at the Marriott Hotel in Farmingdale, New York. It costs $25 to attend and …
As I noted in this previous post, I am planning a Family/Matrimonial Law seminar series for mental health professionals in New York City and Long Island. I have been contacted by a few therapists in Manhattan that cannot make the seminar next Tuesday. There will be a webinar next fall for those of you who could not make the seminar …