Pursuant to a divorce, spousal maintenance may be awarded for life, not at all, or for a fixed period of time. In New York, lifetime maintenance is awarded in extremely rare circumstances. Durational maintenance is awarded to the lesser-monied spouse of a divorce for a defined, fixed term. The purpose of durational maintenance is to enable the lesser-moneyed spouse to …
Sibling Visitation Rights in New York
There is a presumption that a parent knows what is best for his or her child and can decide who the child sees and when. When parents divorce, siblings or half-siblings might be split and their relationships might suffer. In New York, siblings (full-blood and half-blood) have a statutory right to visitation with each other. This is outlined in New …
How to Calculate Temporary Spousal Maintenance in New York
Temporary spousal maintenance is money paid from the higher-earning spouse to the lesser-earning spouse. It is typically applied during the pendency of the divorce but it can also be used as a guideline when a couple is married for relief in Family Court. I have received a lot of phone calls lately from folks whose spouse decides to cut them …
“Contested” vs. “Uncontested” Divorces – So What Exactly is the Difference?
In New York, a contested divorce is one where the parties do not agree on whether or not to get divorced, on what the grounds for divorce will be, and/or on all or some of the ancillary issues to the divorce including but not limited to durational/rehabilitative spousal maintenance, child support, and equitable distribution. All or some of the issues stated …
Spoke to Undergraduate Agriculture Career Class via Skype
Yesterday I had an opportunity to talk about being an agriculture lawyer to an undergraduate agriculture careers class in Wisconsin via Skype. I remember being that age and not really knowing what I wanted to do. To tell you the truth, I grew up looking up to Colleen Callahan and wanted to *be* her…with a career in agriculture journalism/communications. For …
Animal Law Mediation
I was recently asked whether I handle animal law mediation. And the answer is, “why yes I do.” I am a previous member of the New York State Bar Association Committee on Animals in the Law, New Jersey State Bar Association Committee on Animal Law, and the New York Lawyers’ Association Committee on Animal Law. I have also had …
Overview of Equitable Distribution in New York
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 …
So What If I Don’t Agree If My Marriage Is “Irretrievably Broken?”
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 …
Growing Mediation Practice
Part of the reason why Rincker Law, PLLC moved last week is due to my expanding mediation practice. Not only have I completed the 40-Hour Basic Training and Divorce Mediation Training with the New York Peace Institute but I am a R. 1:40 qualified mediator for the Civil, General Equity and Probate Cases and Civil Presumptive Mediation Program Roster in New …
“Goodnight Irene”
“Good night Irene Good night…” I have fond memories from my days at Texas A & M University–that classic song plays every time the Dixie Chicken on North Gate in College Station closes down for the evening (you can watch Willie Nelson’s version here) to let everyone know to stop playing 42 and go home for the night. I decided …
Queens Matrimonial/Family Law Seminar for Mental Health Professionals
As noted here, I will be conducting New York Matrimonial & Family Law Seminar for mental health professionals along with Deborah Kaminetzky (@CedarhurstLaw on Twitter) from 9:30am to 11:00am on Tuesday, September 13, 2011 at the Adria Hotel & Conference Center at 221-17 Northern Boulevard, Bayside, NY 11361, telephone (718) 631-5900. The cost of the event will be $30 (or …
Saturday Links
It’s been a busy week. I have been catching up on my blog feed before heading to the gym. This is what I found: This month’s Pennsylvania State Agriculture Law Brief has updates on the G-20 Action Plan, Hydraulic Fracturing, and the White House Rural Council. I excitedly received a Google+ invite this week from a respected family law …