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NY Estate & Family Law Blog

NY Estate & Family Law Blog

  • By Deborah E. Kaminetzky
  • Posted June 11, 2019
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Do Prenuptial Agreements Expire?

With a prenuptial agreement negotiated and executed in New York, the answer to the question”Do Prenuptial Agreements Expire?” is rather complex. A prenuptial agreement is a contract and therefore the terms will vary. I’ll explain some of the more common scenarios: Silence regarding expiration Should the agreement be silent regarding an expiration date – there […]
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  • By Deborah Kaminetzky
  • Posted May 14, 2019
  • In estate, estate planning, health care proxy
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Why you should have a healthcare proxy.

If You Don’t Make a Decision, One Will Be Made For You My father was ill for many years with a degenerative disease – Parkinson’s. He had his advance directives in order including a healthcare proxy; however he did not choose where he was to be buried. He visited several cemeteries with the family and […]
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  • By Deborah E. Kaminetzky
  • Posted March 20, 2019
  • In attorneys, continuing education, Deborah E. Kaminetzky, divorce, divorce process, Kaminetzky Law & Mediation, marriage, mediation, NADP, separation
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National Association of Divorce Professionals Conference 2019

I just returned from three days at the National Association of Divorce Professionals (I am a divorce mediator member) conference in Fort Lauderdale. It is an organization which has the mission of making the divorce process better by solving all of the parties’ issues. The organization includes professionals in four areas, legal, mental health, financial […]
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  • By Deborah E. Kaminetzky
  • Posted January 17, 2019
  • In attorney, Deborah E. Kaminetzky, decision, divorce, divorce attorney, divorce law, Kaminetzky Law & Mediation
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Why You Should Consult with an Attorney Prior to Deciding to Divorce

Many potential clients come in for a consultation once they have been served with divorce papers or already moved out of their home. Often if not always, there are clear signs that a marriage is in trouble and that divorce may be imminent. As with most other aspects of your life, having information prior to […]
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  • By Deborah Kaminetzky
  • Posted October 12, 2018
  • In Deborah E. Kaminetzky, employees, hiring, Kaminetzky Law & Mediation, New York Law, new york state bar association, nysba, NYSBA Journal, outsourcing, Small Business
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Lawyer as Employer: The Business Decisions Involved With Getting Help for Your Firm

The first step in becoming an employer is recognizing that you need help. The next step is deciding which type of help you need! This article in the NYSBA Association Journal outlines the important considerations to think about when hiring and expanding your solo practice. Reprinted with permission from: New York State Bar Association Journal, October […]
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  • By Deborah E. Kaminetzky
  • Posted September 20, 2018
  • In Deborah E. Kaminetzky, divorce, divorce attorney, divorce law, games, gaming, Gaming Addiction, Kaminetzky Law & Mediation, marital problems, mediation
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“Game Over”

Hitting the news lately is the fact that there is a new growing cause of divorce, gaming addiction, at least in the UK. The video game Fortnite was listed in 200 divorces so far in 2018 as being partly to blame for the demise of the marriage. While we in New York have “irretrievable breakdown” […]
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  • By Deborah E. Kaminetzky
  • Posted August 16, 2018
  • In advance directives, Deborah E. Kaminetzky, health care proxy, HIPAA, Kaminetzky Law & Mediation, living will, power of attorney
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What Are Advance Directives in New York?

Advance Directives are documents which let you make decisions on how you want your financial and medical affairs handled if you cannot handle them yourself. In New York, we have a health care proxy (which can include a HIPAA release), living will and power of attorney. They differ from a will in that they are […]
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  • By Deborah E. Kaminetzky
  • Posted June 28, 2018
  • In beneficiary, Deborah E. Kaminetzky, estate, estate planning, Kaminetzky Law & Mediation, last will and testament, mediation, will
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Mediation of Estate Issues

Earlier this month, I had the pleasure of attending a continuing education class on the use of mediation in Estate cases. Having been drafting estate plans for years and also being an experienced divorce mediator, I pondered whether mediation might be preferable to litigation in situations where a will contest is imminent. After attending the […]
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  • By Deborah E. Kaminetzky
  • Posted April 26, 2018
  • In Deborah E. Kaminetzky, divorce, divorce agreement, divorce attorney, Kaminetzky Law & Mediation, lawyers, mediator, review attorney
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The Role of the Review Attorney in Mediation

Mediation clients often ask: why do I need a review attorney? Mediation is becoming ever more popular as people realize the value of having help in making decisions about their split; however, they do not want to “lawyer up” and risk having an adversarial situation. The mediator does not represent either party and will be […]
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  • By Deborah E. Kaminetzky
  • Posted April 5, 2018
  • In attorney, children, cryopreserved embryos, divorce law, frozen embryos, gametes, Kaminetzky Law & Mediation, mediator, New York Law, prenuptial agreement, reproductive technology
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Who Gets the Frozen Embryos in a Divorce?

As if couples don’t have enough to think about when dividing assets and deciding on custody, the concept of making decisions about reproductive technology is becoming more common. Many people are waiting longer to get married and start families, and many people are beginning to take advantage of the newest reproductive technology available to them. […]
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  • By Deborah E. Kaminetzky
  • Posted February 12, 2018
  • In Deborah E. Kaminetzky, Kaminetzky Law & Mediation, planning, prenup, prenuptial agreement, romance, Valentines's Day
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Do You Know the Story of Saint Valentine?

Valentine’s Day & Prenuptial Agreements? Back in the days of the Romans, a law was passed that the soldiers were not allowed to get married because it was believed that romance would take their minds off of the battle and they would not do well. A Catholic priest named Valentine married about 200 soldiers to their […]
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  • By Deborah Kaminetzky
  • Posted January 26, 2018
  • In Deborah E. Kaminetzky, divorce, divorce law, help, Kaminetzky Law & Mediation, therapy, trauma
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Therapy and Divorce

Sometimes clients need help resolving personal issues that are not within my expertise. They may need to be able to come to terms with the loss of their marriage and the part they played in it. They frequently have stress and even post traumatic stress disorder. Since I am not equipped to treat them, I […]
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  • By Deborah Kaminetzky
  • Posted January 18, 2018
  • In attorneys, children, cost, Deborah E. Kaminetzky, divorce, Kaminetzky Law & Mediation, mediation
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The One Session Mediation

Yes, you read that correctly. It can and has been done. I have successfully mediated a divorce which took only one session. The couple had no children, no real estate, and very few assets and debts. They both wanted to reach an agreement quickly and were willing to work together toward that goal. There was […]
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  • By Deborah E. Kaminetzky
  • Posted January 5, 2018
  • In deductions, divorcing couples, income tax, spousal maintainance, tax, tax law
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Update on Divorce and Tax Law

Now that the new tax law is official, this is what it means for divorcing couples: First of all, alimony or maintenance as we call it in New York, will not be deductible by the payor for any agreement executed after December 31, 2018. Note that the divorce judgment does not need to be signed—only […]
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  • By Deborah E. Kaminetzky
  • Posted November 9, 2017
  • In alimony, divorce, litigation, spousal maintainance, tax, tax law
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New Tax Treatment of Maintenance and Implications for Divorcing Couples

There is a lot of buzz lately about possible changes to the tax treatment of Spousal Maintenance. The silver lining in the spousal maintenance cloud is that the payor can take the amount off their taxes as a deduction. The person who receives the maintenance has had to pay the taxes on it as income. […]
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  • By Deborah E. Kaminetzky
  • Posted October 19, 2017
  • In case law, legal services, marriage, online serivces, prenuptial agreement
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What’s the Difference between You Guys and an Online Service?

Recently, we had a former divorce client call us with happy news! She is getting married! Both parties have children from their former relationships, professional practices and assets that they would like to go to their respective children when they pass away. Understandably, our former client was a bit concerned about what might happen should […]
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  • By Deborah E. Kaminetzky
  • Posted October 12, 2017
  • In business, law practice, new york state bar association, nysba, Small Business, solo attorney
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Thinking of Going Solo? Be Prepared to Practice Law and Run a Business!

A law practice is a business. No matter how good an attorney you are, your practice will not take off without that recognition. This article was written for new solo attorneys, those who are thinking of hanging out a shingle, and those who were dismayed when they saw their tax return for the first time […]
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  • By Deborah E. Kaminetzky
  • Posted October 5, 2017
  • In child support, divorce, equitable distribution, maintenance, net worth, settlement, statement of net worth
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Exchanging a Statement of Net Worth in a Divorce

In the divorce process, whether mediated or litigated, one of the most important documents is the statement of net worth. It is a document that outlines the financial health of each party. There are several sections. One section outlines the family data and budget such as how many children are in the home, dates of birth […]
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  • By Deborah E. Kaminetzky
  • Posted August 24, 2017
  • In bequest, charity, children, Deborah E. Kaminetzky, estate planning, Kaminetzky Law & Mediation, P.C., testamentary trust, trust, will
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Is There Such a Thing as a Simple Will?

Many clients say that “they just want a simple will.” When deciding how to word bequests in a will, we lawyers have to bring up some uncomfortable topics with our clients. Aside from the fact that our client needs to contemplate their own death, they also need to think about and decide what to do […]
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  • By Deborah E. Kaminetzky
  • Posted August 17, 2017
  • In attorney, Deborah E. Kaminetzky, divorce law, estate planning, Kaminetzky Law & Mediation, mediation, new york state bar association, nysba, P.C., private practice, Small Business
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How I Practice: An Interview with the New York State Bar Association

I am very honored to have had the opportunity to sit down with the New York State Bar Association and share how I practice law and organize my business. NYSBA has wonderful resources on their site, including the How I Practice section, which offers tips, tricks, and lessons to other attorneys. This interview can be […]
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  • By Deborah E. Kaminetzky
  • Posted August 11, 2017
  • In Deborah E. Kaminetzky, divorce, divorce attorney, divorce finance, divorce law, Kaminetzky Law & Mediation, marriage, money, P.C., QDRO, retirement
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What is a QDRO?

A QDRO is a qualified domestic relations order. This is an order regarding retirement accounts. In a divorce, retirement accounts are frequently the subject of equitable distribution. Each party would be entitled to their marital share of the other’s retirement accounts. An evaluation is performed using what is known as the Majauskas formula. This formula […]
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  • By Deborah E. Kaminetzky
  • Posted July 14, 2017
  • In attorney, custody, Deborah E. Kaminetzky, divorce, Kaminetzky Law & Mediation, legal advice, legal information, mediation, mediator, P.C.
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What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?

People often ask: how do you reconcile the role of the mediator and the role of the attorney when you are doing mediation? When doing a mediation, the mediators’ role is to help the people decide for themselves what course of action they want to take. As a mediator who is also an attorney, I […]
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  • By Deborah E. Kaminetzky
  • Posted June 29, 2017
  • In attorney fees, divorce, legal fees, litigation, pendente lite motions, settlement agreement, stipulation of settlement
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What is a Motion for Attorney’s Fees?

There are several different types of instances within a divorce where one might want to ask the court for attorney’s fees. In a matrimonial action, we might make a motion “pendente lite,” which means “pending the litigation,” for the moneyed spouse to pay the attorney’s fees for the spouse with less money. This type of […]
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  • By Deborah E. Kaminetzky
  • Posted June 15, 2017
  • In Deborah E. Kaminetzky, divorce, divorcing couples, estate plan, estate waiver, inheritance, Kaminetzky Law & Mediation, P.C., right of election, waiver of estate rights
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What is a Waiver of Estate Rights?

In New York, your spouse has something called a right of election. What this means is that no matter what you want to leave them in your will, they have a right to $50,000 plus one third of your estate. So for instance if you die with a will leaving your spouse out because perhaps […]
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  • By Deborah E. Kaminetzky
  • Posted June 1, 2017
  • In children of divorce, Deborah E. Kaminetzky, divorce, family home, Kaminetzky Law & Mediation, marriage, mediation, nesting, P.C.
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Nesting: The Logistics of the “Family” Home

Nesting has become a popular concept for families of divorce lately, with articles in the New York Times and other well known publications. Nesting, if you are not familiar with the term, is when divorcing parents arrange for the children to remain in the family home while they each obtain a separate place to live. […]
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  • By Deborah E. Kaminetzky
  • Posted May 18, 2017
  • In child support, consultation, custody, Deborah E. Kaminetzky, divorce, divorce attorney, divorce law, Kaminetzky Law & Mediation, P.C., tax forms
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What to Expect at Our Divorce Consultation

Many potential clients come to us when they are in the planning stage of a divorce. No one has served any papers, sometimes they are not even sure they want to file for divorce, they are just thinking about it. When we have a consultation for a divorce, we ask that the potential client come […]
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  • By Deborah E. Kaminetzky
  • Posted May 11, 2017
  • In children, Deborah E. Kaminetzky, divorce, estate, estate tax, executor, heirs, inheritance, money
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“Every Little Thing Gonna Be Alright”…Or Is It?

Bob Marley, the singer famous for the song Three Little Birds, whose chorus was: “Don’t worry about a thing ‘Cause every little thing gonna be alright” passed away on May 11th,1981, without a will, with a fortune, and with at least eleven children from several different mothers, one of whom was his wife. The court […]
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  • By Deborah E. Kaminetzky
  • Posted May 4, 2017
  • In attorney, best interest of the child, child advocate, child custody, Deborah E. Kaminetzky, divorce attorney, Kaminetzky Law & Mediation, P.C.
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Court is Like a Box of Chocolates

What is an “attorney for the child” and what does it mean for my case? Often when parents who are divorcing are already in court and do not agree on custody, the court will assign an “attorney for the child.” This is an attorney who will interview both parents and the child or children. The […]
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  • By Deborah E. Kaminetzky
  • Posted April 27, 2017
  • In Deborah E. Kaminetzky, divorce, divorce judgment, divorce law, Kaminetzky Law & Mediation, marriage, P.C., paperwork
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What Do You Mean I’m Not Really Married? Or Not Really Divorced?

When people call our office asking about divorce or family court issues, we tell them the various documents we need to look at in order to best advise them. One of the documents we want to look at is their marriage certificate. Often, we have people who consider themselves married, have lived together for years, […]
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  • By Deborah E. Kaminetzky
  • Posted April 20, 2017
  • In continuing education, Deborah E. Kaminetzky, divorce attorney, interview, Kaminetzky Law & Mediation, licensure, mediation, New York State Council of Divorce Mediators, P.C.
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Continuing Education for Mediation

Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had absolutely no training in mediation, yet will sit down with a couple and “mediate.” New York has no licensure for […]
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  • By Deborah E. Kaminetzky
  • Posted April 6, 2017
  • In accountant, business, Deborah E. Kaminetzky, employees, hiring, indepedent contractor, insurance, Kaminetzky Law & Mediation, P.C., Small Business, tax
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Don’t Put that Help Wanted Sign Up until You Read this Article

You’ve been working on your business hard and with great success. So hard in fact that you end up working most nights. Your spouse and kids tell you that they miss you and would like to spend more time with you. The next natural step would be to get some help, right? Before you hang […]
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  • By Deborah E. Kaminetzky
  • Posted March 30, 2017
  • In Deborah E. Kaminetzky, divorce, Kaminetzky Law & Mediation, marriage, mediation, money, P.C., prenuptial agreement
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Why having a pre-nuptial agreement discussion may result in a stronger marriage.

Most couples get together based on attraction, discuss one or two main expectations or goals, fall in love and decide to get married without considering a pre-nuptial agreement. They then focus on wedding plans, thinking that if they can negotiate a large event between two families and come out unscathed by the wedding date that […]
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  • By Deborah E. Kaminetzky
  • Posted March 23, 2017
  • In beneficiary, Deborah E. Kaminetzky, estate planning, in terrorum clause, inheritance, last will and testament, mediation, New York Law, no contest
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What is an In Terrorem or “No Contest” Clause?

My late mother used to say no one owes you an inheritance, but what did she mean? Wouldn’t most people expect to inherit from their parent? The answer is that a will reflects the testator’s wishes, not their heirs’ expectations. Hence the In Terrorem or “No Contest” Clause. Most of the time, people want to […]
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  • By Deborah E. Kaminetzky
  • Posted March 16, 2017
  • In coaching, Deborah E. Kaminetzky, divorce, Kaminetzky Law & Mediation, life coach, mediation, P.C., therapy
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Using a Life Coach in the Divorce Process and Beyond

Clients frequently need support during the divorce process. They are not satisfied with the way things are and want a change, but that change itself is scary. Sometimes I suggest that they obtain the help of a life coach. There are two reasons for this: First of all, life coaches charge significantly less per hour […]
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  • By Deborah E. Kaminetzky
  • Posted March 9, 2017
  • In Deborah E. Kaminetzky, divorce, divorce agreements, Kaminetzky Law & Mediation, mediation, P.C.
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Divorce Agreements: Choose Your Wording Carefully!

Many clients ask why divorce agreements are so long and whether the exact wording really matters that much. The length is due to the fact that there are so many different issues that need to be covered. Issues such as Maintenance, Child Support, Custody & Parenting Time, and Equitable Distribution are just some of the […]
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  • By Deborah E. Kaminetzky
  • Posted March 2, 2017
  • In agreement, Deborah E. Kaminetzky, divorce, Kaminetzky Law & Mediation, mediation, mediator, P.C., reviewing attorney, stipulation of settlement
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Why The Mediation Process Makes Sense

For those who would like to resolve their dispute (whether it be a divorce or other family matters) by agreeing to terms rather than having a judge decide what is best, mediation can be a speedier, less costly and less stressful experience than a traditional litigated matter. Traditionally the parties meet with a mediator and […]
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  • By Deborah E. Kaminetzky
  • Posted February 23, 2017
  • In business entity, business law, CPA, Deborah E. Kaminetzky, Kaminetzky Law & Mediation, LLC, P.C., partnerships, Small Business, sole proprietor
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Which Entity Should You Choose When Starting A Small Business?

Choosing a Business Entity – Which One is Right for Your Business? Now that you have decided to launch a business, you need to decide which business entity is right for you. I’ll explain the differences between sole proprietorship, partnerships, corporations and limited partnerships. I cannot stress enough the importance of having a discussion with […]
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  • By Deborah E. Kaminetzky
  • Posted February 16, 2017
  • In Business Insurance, Class A Building, Class B Building, Class C Building, Leasing Office Space, Renting Office Space, Small Business, Trophy Building
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Small Business Considerations When Deciding on Location and Space

Starting a new business is exciting! One of the most exciting pieces is deciding on location. I can not stress enough that you need a lease or a license. It might seem like a wonderful opportunity to rent a small space inside another business without a lease—after all, you have no obligation, so if the business […]
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  • By Deborah E. Kaminetzky
  • Posted January 10, 2017
  • In agreement, divorce, mediation, stipulation of settlement
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Mediators and Attorneys: What to Expect in Both Cases

The choice between using a mediator or an attorney isn’t always easy – a consultation with each can give the client some basic information of what to expect. The use of mediators has increased in recent years as people are looking for a more peaceful way to divorce. I have a mediation certificate as well […]
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  • By Deborah E. Kaminetzky
  • Posted January 10, 2017
  • In agreement, divorce, mediation, stipulation of settlement
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Divorce with Retirement in Mind – Gray Divorce

Clients often need to plan for divorce with retirement in mind. The term used to describe this scenario lately is “Gray Divorce”. Clients without young families don’t have to make all decisions based on the impact to the children. When discussing retirement after divorce, there are usually two main items that come to mind: pensions […]
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  • By Deborah E. Kaminetzky
  • Posted December 16, 2016
  • In agreement, divorce, mediation, stipulation of settlement
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Rush For Divorce By Year End? You Can Slow Down Now

There has been a lot of coverage in the news lately of people rushing to divorce before the end of the year for tax advantages. These stories are somewhat misleading. While you should of course consult your accountant, the rule generally is that if you are divorced on or before December 31st of the year, […]
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  • By Deborah E. Kaminetzky
  • Posted October 7, 2016
  • In agreement, divorce, mediation, stipulation of settlement
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Is a Rabbinical PreNup Right For Me?

Before Jewish couples get married, a Rabbi may want them to sign a prenup from a Bet Din. Many presented with this often have questions about this type of prenup – is it valid, should it be signed? A lawyer can help you understand this type of document and what signing it means. A prenuptial […]
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  • By Deborah E. Kaminetzky
  • Posted September 30, 2016
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Why Annulment is Not Easier than Getting Divorced in New York

When New York required fault grounds prior to 2010, people who were married only a short time and had no children might have considered annulment rather than divorce proceedings. Now that New York has divorce based on irretrievable breakdown of the marriage, annulment in New York is actually more complicated than divorce. Just like New […]
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  • By Deborah E. Kaminetzky
  • Posted September 22, 2016
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Automatic Restraining Orders in Divorce

When clients are served with divorce papers, they are often confused about why there is a restraining order included. They may have done nothing to necessitate a restraining order, and can become concerned with how they are going to pay for things like a mortgage or expenses involving children. Several years ago, New York instituted […]
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  • By Deborah E. Kaminetzky
  • Posted September 15, 2016
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Child Custody & Support in New York State

In a divorce, one of the most contentious issues can be custody of the children. It is important that both parties fully comprehend the types of custody that exist and what each of them entails so that they can determine what will suit them and what will benefit their children most. Sometimes clients have questions […]
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  • By Deborah E. Kaminetzky
  • Posted September 9, 2016
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Maintenance – lump sum or payments?

Many clients who are in a position to receive maintenance (formerly known as alimony) are not sure whether they should take the promise of monthly maintenance payments from their spouse or take a lump sum. There are several good reasons to take a lump sum, especially with New York’s new maintenance guidelines. New York instituted […]
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  • By Deborah E. Kaminetzky
  • Posted December 11, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Alternative Dispute Resolution – Mediation and Arbitration

Mediation is in the news a lot lately, especially for divorce, as a more peaceful way to end a relationship. Mediation, however, is not just about ending relationships but part of a growing area of what is known as ADR – alternative dispute resolution. There are several types of ADR, Arbitration, Mediation and Collaboration. Generally […]
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  • By Deborah E. Kaminetzky
  • Posted September 4, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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The Key Differences between Family Court and Supreme Court Cases

Frequently when relationships start to falter, people begin to inquire as to what their rights are in court. Understanding the differences between what can be accomplished in Family Court and Supreme Court in New York is an important first step! First of all, only married individuals can seek matrimonial relief in Supreme Court, which has […]
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  • By Deborah E. Kaminetzky
  • Posted August 14, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Why Advance Directives Should be on Every College Student’s Back-to-School List.

Heading off to college soon or sending your child off in the coming weeks? The back-to-school season is in full swing and many parents are preparing for their child to go off to college. Students and their families have carefully selected the university and the student has worked so hard to be accepted. Countless stores […]
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  • By Deborah E. Kaminetzky
  • Posted August 7, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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Planning For Divorce with Retirement in Mind

Clients often need to plan for divorce with retirement in mind. In the past, I have explained the importance that custody and child support agreements may play in a divorce. Clients without young families, however, do not have to make all decisions based on the impact on the children. When discussing retirement after divorce, maintenance, […]
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  • By Deborah E. Kaminetzky
  • Posted July 31, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
  • 0 likes

Mediators and Attorneys: What To Expect From Each Process

The choice between using a mediator or an attorney isn’t always easy – a consultation with each can give the client some basic information of what to expect. The use of mediators has increased in recent years as people are looking for a more peaceful way to divorce. I have a mediation certificate as well […]
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  • By Deborah E. Kaminetzky
  • Posted July 24, 2015
  • In annulment, Deborah E. Kaminetzky, divorce, divorce law, Kaminetzky Law & Mediation, marriage, New York, no fault divorce, P.C.
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New Bill Affects Value of Professional Licenses in Divorce Proceedings

New York will most likely have new legislation regarding maintenance fees in the coming weeks. Governor Andrew Cuomo is expected to sign this piece of legislation that was recently passed by both houses. Last week, in my discussion of maintenance and other fees, I explained the process of determining maintenance awards, child support and attorneys […]
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  • By Deborah E. Kaminetzky
  • Posted July 17, 2015
  • In attorney's fees, custody, divorce, maintence, separation, spousal support
  • 0 likes

Maintenance, Attorney’s Fees and Child Support: Who Pays for What

Divorces often bring about financial disagreements, especially when one spouse earns more than the other. The lower earning spouse can fight for maintenance, attorney’s fees and child support. Last week, I gave an overview of different custody options couples are faced with during and after the divorce process. It is important that each party has […]
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  • By Deborah E. Kaminetzky
  • Posted July 15, 2015
  • In best interest of the child, children, custody, divorce, family, joint custody, nesting, sole custody
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Custody Arrangements: What Works Best for You

Clients with children often ask me about the different custody arrangements that come with divorce as their children are frequently their main concern. Knowing the different scenarios that come with each arrangement is important for ensuring an outcome that best suits each couple and their children. New York has several types of custody: true joint […]
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  • By Deborah E. Kaminetzky
  • Posted June 15, 2015
  • In best interest of the child, children, custody, divorce, family, joint custody, nesting, sole custody
  • 0 likes

New York’s Automatic Restraining Orders in Divorce

New York instituted automatic restraining orders a few years ago in reaction to a common practice of many litigants who got served with divorce papers.  Their reaction was to immediately empty the bank accounts! Rather than force lawyers to file restrainer orders after the fact or hopefully prior to assets being drained, now the Plaintiff […]
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