Legal Blog

Divorce Considerations When Divorcing A Police Officer by David Badanes - When divorcing a police officer, there are a few myths. I have heard clients claim that police officers will receive special treatment by the Judges, and then other clients will state that police officers are discriminated against. The truth is … Read More
Holidays With Children During Your Divorce Proceedings by David Badanes - You have children and you are in the middle of your divorce and are unsure on how to handle the holiday season. The holiday season can be the most stressful and most contentious part of a divorce. Here are some … Read More
Five Things You Should Do If You Suspect Your Spouse Is Going To File For A Divorce by David Badanes - You have a good idea that your spouse is about to file for a divorce. Instead of panicking, here are five things you can do: Start researching who to use as your attorney. There are many divorce attorneys on Long … Read More
Five Signs Your Spouse Is Unhappy In Your Relationship by David Badanes - Most of the time, a divorce action is not started “out of the blue.” There are usually several warning signs that the relationship is deteriorating. Here are five signs that your spouse is unhappy in your relationship: Lack of communication. … Read More
Long Island Divorce Attorney David Badanes Interview With WLINY by dbnylaw - Award-winning Long Island divorce attorney, David P. Badanes, Esq., has an informative interview with WLINY, Long Island’s #1 internet radio station. David Badanes shares valuable marketing tips to help ignite businesses in New York. Check out the interview below!
Five Signs That Your Spouse May File For A Divorce by David Badanes - You may have a suspicion that your spouse is thinking about filing for a divorce. Here are five signs that may confirm your suspicions: You find a divorce attorney’s business card in your spouse’s clothes or in the house. If … Read More
What Does A Divorce Trial In New York Really Look Like? by David Badanes - If you have seen a movie or a television show about a divorce, then your divorce trial will not look anything like that. First, most movies and television shows take place in California, where the laws are much different than … Read More
What You Should Know About A Sperm Donor Agreement by David Badanes - Many women will use a sperm donor (artificial insemination) to have a child. There can be two types of sperm donors; (1) an anonymous donor; or (2) a donor that you know. If an anonymous donor is used, then there … Read More
Five Ways Divorce Can Affect Your Health by David Badanes - Divorce can be one of the most stressful times of your life. Like most stressful situations, going through a divorce can negatively affect your health. Here are five ways divorce can impact your health: Depression: Many people going through a … Read More
Five Common Questions And Answers About Child Support In New York by David Badanes - If you have children, you are obligated to support them.  If you are getting divorced, or have children out-of-wedlock, you still are obligated to support them, but, now it will be through a formal child support order. The following are … Read More
How To Deal With A Harrasing Spouse Or Ex-Spouse? by David Badanes - If your spouse or ex-spouse is harassing you, here are some things you can do to stop it or limit its effect on you. In New York, “harassment” is defined in the Penal Law, and it is strictly defined. What … Read More
How Is Child Abuse Handled In New York? by David Badanes - Child abuse is one of the worst things that can happen to a child. If someone is suspected of committing child abuse, then there will be: (i) an investigation; (ii) an intervention; and (iii) a possible removal. Investigation: Upon receiving … Read More
After Divorce: Who Decides Which School The Children Will Go To? by David Badanes - Perhaps you have very young children who are not yet attending school, or you have children in school, but, you and your soon-to-be-ex are in disagreement about which school the children should attend. Which school will your children attend? Usually, … Read More
In A Divorce: 12 Ways To Get Involved In Your Child’s School by David Badanes - You are either in the middle of a divorce or already divorced, and you want to make sure you are involved in your child’s school. Here are some ideas: Make sure the principal, assistant principal(s) and all your child’s teachers … Read More
What The Solar Eclipse Teaches Us About Child Custody by David Badanes - On August 21, 2017, the United States will experience a total solar eclipse. This is the first total solar eclipse to occur for the entire continental United States in over one hundred years. How does that relate to child custody? … Read More
What Is The Right Of First Refusal In Child Custody? by David Badanes - In many divorce agreements, each parent may get what is informally called the “right of first refusal.”  What does it mean? And why is it important? The best way to explain the usefulness of the right of first refusal is … Read More
How Much Will My Divorce Cost? by David Badanes - One of the most common questions that a divorce attorney will get is: “How much will my divorce cost?” The answer: Every divorce is different and it is impossible to give a set amount of how much your divorce will … Read More
Divorce And College Financial Aid: FAFSA Tips For Divorced Or Separated Parents by David Badanes - College: As many parents know, college is expensive and financial aid can be difficult to obtain.  If you are getting divorced or you are already divorced, this just adds another level of complexity to the college financial aid maze. Here … Read More
After Your Divorce – Change Your Will And Insurance Policies by David Badanes - After your divorce is finalized, you need to change your Will and update your insurance policies. Here, are some of the things you need to do: Change your Will (or get a Will). If you already have a Will, then … Read More
If Getting Divorced, Who Pays For Sports And Other Extracurricular Activities? by David Badanes - Many children participate in either a sport or an extracurricular activity. Some activities cost more than others.  If you are getting divorced, who pays for the children’s extracurricular activities? There is no statute that states who pays for a child’s … Read More
How The Use Of Bitcoins To Hide Assets Can Affect Divorce? by David Badanes - You may have heard of Bitcoin, Litecoin, Monero or Zcash.  Bitcoin and these similar technologies are a way to transfer money without the traditional use of paper money or banks.  If you want to get technical, Bitcoin, Litecoin, Monero or … Read More
What Is Hearsay And Why Can’t I Use It In A Divorce Proceeding? by David Badanes - If you watched any movie or television show that has a court scene, you may have heard the objection: “hearsay”. So, what exactly is hearsay, and why can’t you use it? Hearsay – to the lay person – a good … Read More
Understanding Forensic Evaluation Reports In Child Custody Disputes by David Badanes - If there is a child custody dispute, the Court may order that a forensic evaluation be conducted. A forensic evaluation is an evaluation done by a psychiatrist who will then produce a forensic report for the Court. The psychiatrist, who … Read More
Vacation Planning Tips With Children After Divorce by David Badanes - Your divorce is final and you deserve a vacation.  Here are some tips on taking a vacation with your children after your divorce is final. This might be your first vacation alone with the children. Depending on the ages of … Read More
Can You Take A Vacation With Your Children While In A Middle Of A Divorce Case? by David Badanes - You are in a middle of a divorce case – can you still take a vacation with your children?  The answer depends on many factors. Before you plan or book a vacation, you want to make sure that you are … Read More
Why Most Child Custody Attorneys Get July 4th Wrong And I Get It Right? by David Badanes - July 4th, Independence Day, and a day that is typically celebrated with fireworks in the evening and parades in the morning. Yet, when it comes to how divorced parents will celebrate the holiday with their children, most child custody attorneys … Read More
Getting Divorced: Why Change Your Will And Other Estate Planning Documents? by David Badanes - If you are getting divorced or are recently divorced, you most likely need to change your Will and other estate planning documents. The following is a list of the Estate Planning Documents that you need to review and most likely … Read More
In A Divorce, Can I Take The Fifth Amendment? by David Badanes - The Fifth Amendment of the United States Constitution states that no person can be compelled to give evidence against himself or herself. In a criminal case, this generally means that you cannot be forced to testify. You have probably seen … Read More
After Your Divorce, Should You Sell Your Wedding Ring? by David Badanes - In most divorces, after your divorce is finalized, you are left with your wedding and engagement rings. Should you sell your engagement and weddings rings? Or should you just put them some place safe? After a divorce is finalized, selling … Read More
What To Do If You Are Served With A Child Support Petition? by David Badanes - In New York State, you are obligated to support your children, it doesn’t matter if you are married or not. If one parent is not supporting their children or if you want a formal child support order, that is obtained … Read More
Why You May Want To File Bankruptcy Before Filing For A Divorce? by David Badanes - One of the reasons that couples file for a divorce is due to financial stress and debt. Similarly, one of the reasons you may file for bankruptcy is to get out of debt. Filing for a divorce or filing for … Read More
What Is The Difference Between A Divorce Trial, Hearing And A Court Conference? by David Badanes - You are getting divorced or maybe thinking of getting divorced. You have been told that there is going to be a court conference, a hearing or a trial. What is the difference between these terms? A court conference:  In a … Read More
States And Foreign Countries With Weird Divorce Laws by David Badanes - Sometimes, politicians get creative and pass what most people would consider some very strange laws. This even happens in the divorce arena. Here are some weird divorce laws that either still exist or once existed. New York: If you can … Read More
Why The Start Date Of Your Divorce Is Important? by David Badanes - You are thinking of getting divorced – does it matter what date you start the divorce?  The date your divorce is started is the date that the Summons is filed with the court.  The date you start your divorce will … Read More
What Does An Expert Witness Do In A Divorce? by David Badanes - When watching television or a movie with a legal case, you may have seen an attorney call on an “expert witness.” What is an expert witness? What does an expert witness do in a divorce? An expert witness is a … Read More
Do I Still Have To Pay My Mortgage In The Middle Of My Divorce? by David Badanes - Imagine you are in the middle of your divorce proceeding, and your finances are extremely tight.  You know that you will be selling your house after the divorce and figure that maybe you could just stop paying your mortgage until … Read More
What Is The Alimony Recapture Rule And How To Avoid It? by David Badanes - You may know that if you are paying alimony (or as it is typically called in New York, spousal maintenance or spousal support), that your payments are a tax deduction. However, there is a little-known rule called the Alimony Recapture … Read More
Why You Should Review Your Divorce Or Separation Agreement Every Year? by David Badanes - If you are already divorced or separated, most likely you have a Divorce Agreement (usually called a Stipulation of Settlement) or a Separation Agreement. Most people put these agreements away and never look at them again. However, you should review … Read More
Can You Serve Divorce Papers on Facebook? by David Badanes - You may have heard that a New York City lower court Judge allowed service of the Summons in a divorce action via Facebook. That particular case does not mean that the Courts will routinely allow you to serve the Summons … Read More
6 Reasons Why It Is Important To Establish Paternity by David Badanes - By David P. Badanes, Esq. and Jillian M. Enright, Esq. There are many reasons to establish paternity. For unmarried parents, paternity is established in two ways: (i) by signing a voluntary Acknowledgement of Paternity form; or (ii) it is established … Read More
How Do I Obtain A Legal Separation? Video by David Badanes - Straight talk with David Badanes, Esq. of Badanes Law Office – a top rated divorce attorney on Long Island, NY. Today’s Straight Talk: How do I obtain a legal separation? If you are thinking of a legal separation vs a … Read More
Alaska Allows Joint Custody Of Pets by David Badanes - Alaska became the first state to require courts to consider the custody of a pet and to grant joint custody of pets. The law went into effect last January 2017. Typically, in every other state, pets are considered property and … Read More
How To Avoid A Bad Divorce Agreement? by David Badanes - All too often a client comes to me with a Divorce Agreement they signed (with another attorney representing them), that is confusing, ambiguous or worse, just a “bad” agreement. But, a bad divorce agreement is still (most likely) a valid … Read More
What Happens If The Court Orders An Appraisal Of Personal Property In Divorce? by David Badanes - If you are getting divorced and you own a home, a car, an expensive antique or some other property that has significant value, the Court or your attorney may order an appraisal of the property. If the Court orders an … Read More
What Are Automatic Orders? Video by David Badanes - Straight talk with Long Island’s top rated divorce attorney, David Badanes, Esq. Today’s Straight Talk: What are automatic orders? In New York State, once you file for divorce, there are what called automatic orders for both you and your spouse. … Read More
What Is Wasteful Dissipation Of Marital Assets? by David Badanes - You are about to get divorced or you are in the middle of divorce, you may hear the term “wasteful dissipation” of marital assets. This term generally means that prior to the divorce action, one spouse was purposely wasting marital … Read More
How Do I Prepare For Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce lawyer on Long Island, NY with extensive experience in all areas of divorce. Today’s Straight Talk: How do I prepare for divorce? On Long Island, if you’re thinking or considering of … Read More
Divorce: Can I Appeal The Judge’s Ruling? by David Badanes - If a Judge issues an Order or a Ruling, can you appeal that ruling? The answer is yes, and there are actually a few different ways to appeal a Judge’s Order or Ruling. The traditional way to appeal a Judge’s … Read More
Divorce: Focus On What Is Important And Not On The Little Things by David Badanes - If you are in the middle of a divorce or thinking of getting divorced, it is important to focus on what is important and not on the “little things.” Many clients, due to the emotional impact of the divorce or … Read More
What Does A Law Guardian Do? Video by David Badanes - Straight talk with David Badanes, Esq., is an experienced divorce attorney dedicated to helping people throughout Long Island with their legal matters concerning different areas of family law. Today’s Straight Talk: What does a Law Guardian Do? If you have … Read More
10 Mistakes To Avoid In Your Divorce by David Badanes - Unfortunately, Divorce is very common in our society and it can be both emotionally and financially draining. Between all the emotions and distress, it can be very easy to make major mistakes that can have a lasting impact on your … Read More
I Am Considering Getting Divorced On Long Island, How Much Will It Cost? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce on Long Island, NY with extensive experience in all areas of family law. Today’s Straight Talk: I am considering of getting divorced. How much does a divorce cost on Long Island, … Read More
8 Most Expensive Divorces Ever by David Badanes -
If I Have Full Custody Of My Child, Can I Move Out Of State? Video by David Badanes - Straight talk with David Badanes, Esq., a top-rated divorce attorney on Long Island, NY with extensive experience in all areas of divorce. Today’s Straight Talk: If I have full custody of my child, can I move out of state? If … Read More
Why You Might Want To Be Divorced Before December 31? by David Badanes - Did you know that if you are married for most of the calendar year, but, if your divorce becomes final on or before December 31st, the IRS will consider that you were divorced for the entire calendar year? This is … Read More
The Dangers Of Do-It-Yourself (DIY) Divorce In New York by David Badanes - Some individuals try to handle their divorce without the help of an experienced attorney. This is sometimes referred to as a Do-It-Yourself Divorce or “DIY Divorce.” Although it is possible to file your divorce on your own and complete the … Read More
What Are The Differences Between A Legal Separation And A Fully Executed Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., a high-rated divorce attorney on Long Island, New York. Today’s Straight Talk: What are the differences between a legal separation and a fully executed divorce? If you’re thinking of getting separated versus a divorce, … Read More
Is It A Good Idea To Video Tape The Contents Of My House? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals in all matters related to divorce, spousal maintenance, and child custody. Today’s Straight Talk: Is it a good idea to video tape the contents of … Read More
Divorce And The Holidays: 9 Ways To Get Through The Holidays by David Badanes - Holidays are typically a time for joyful celebration with friends and family.  While others are eagerly anticipating the holidays, married couples going through a divorce, newly separated or divorced couples often approach this time of year with panic, sadness, and … Read More
Retirement Assets In A Divorce by David Badanes - In a divorce, if you or your spouse have any type of retirement assets or retirement benefits, those retirement assets/benefits are subject to distribution between the divorcing spouses. To the extent that retirement assets/benefits accrued or were created during the … Read More
Can We Change Judges Half-Way Through A Divorce? Video by David Badanes - David Badanes is a top-rated divorce attorney with extensive experience in all areas of divorce. Today’s Straight Talk: Can we change judges half-way through a divorce? Do you feel like the judge handling your divorce case does not like you … Read More
A Final Decision On Child Custody Requires A Trial by David Badanes - The New York Court of Appeals (the highest court in New York State) has recently held that a final custody determination should only be made after a full trial.  As stated by the Court: “custody determinations require a careful and … Read More
What Are Some Important Aspects To Know About Child Custody? Video by David Badanes - David Badanes concentrates in Matrimonial and Family Law with offices in Northport and Garden City. Today’s straight talk: What are some important aspects to know about child custody? If you are getting divorced and you have children, you may be … Read More
What Does The Settlement Of A Divorce Mean? Video by David Badanes - Straight talk with David Badanes, an experienced divorce attorney on Long Island, New York. What does the settlement of a divorce mean? If you are getting divorced, 90-95% of the divorces settle before actually going to trial. They may settle … Read More
What Are Some Common Myths About Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., a top rated divorce attorney on Long Island, NY. What are some common myths about divorce? If you are getting divorced in New York State, there are many common myths that most people believe. … Read More
Child’s Social Security Disability Benefits And Child Support by David Badanes - There are several situations where a child, under the age of 18, will receive social security benefits.  Typically, children receive benefits if one (or both) of their parents are disabled, retired, or deceased. It is important to note that when … Read More
What Is The Process Involved In An Uncontested Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals with postnuptial agreements, and with matrimonial law issues. What is the process involved in an uncontested divorce? You may be wondering what the process is … Read More
What Is The Process Of A Contested Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals with postnuptial agreements, and with matrimonial law issues. What is the process of a contested divorce? If you are involved in a contested divorce, there … Read More
Taking A Child As A Dependent After A Divorce by David Badanes - After a divorce, who gets to take the children as a dependent (sometimes referred to as an exemption) on their tax returns?  This is a question that both lawyers and accountants often get.  The general rule is that the parent … Read More
What Is Postnuptial Agreement And Do You Recommend Them? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals with postnuptial agreements, and with matrimonial law issues. What is postnuptial agreement and do you recommend them? If you’re married and you do not have … Read More
A Lecture On Matrimonial Law: A-Z by David Badanes - David Badanes, Esq. is an ongoing lecturer and has been recognized as an Expert Speaker at Marino Legal Academy. Marino Institute is one of the leading providers of CLE credits – helping law students prepare for the New York State … Read More
How To Find Hidden Assets Of Spouse In A Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been successfully helping clients with their divorce and family law cases. How to find hidden assets of spouse in a divorce? If you live in New York State … Read More
New York Court Expands The Definition Of Parent In Custody Cases by David Badanes - In 1991, New York’s Highest Court (the Court of Appeals) held that the only person who could petition a court for custody or visitation of a child was someone who either: (1) was the biological parent or (2) had an … Read More
What Is Palimony And Is There Palimony In New York State? by David Badanes - Palimony, a concept that was recognized first in California, has been defined as a form of alimony awarded to one of the partners in a romantic relationship – which is not a sanctioned by a marriage — after the breakup … Read More
Why Lying Will Hurt Your Case In A Divorce? by David Badanes - During your divorce, you may be called on to testify either in a hearing, trial or deposition. You will be sworn in and you will swear to tell the truth. You may also have to sign various documents and in … Read More
What To Do After Being Served With Divorce Papers? by David Badanes - You’ve Been Served With Divorce Papers – Now What? Most people know when their marriage is failing.  However, being served with divorce papers usually still comes as a shock.  Now that you have been served, here is what you should … Read More
What To Know About Visitation Rules? Video by David Badanes - Straight talk with David Badanes, Esq, an experienced divorce and family law attorney, about child visitation rules. What to know about visitation rules? If you have children, you may be wondering how you can visit your children or what I … Read More
The Revised Statement of Net Worth by David Badanes - As of August 1, 2016, the Office of Court Administration has a revised Statement of Net Worth form. In every contested divorce, you will need to complete the revised Statement of Net Worth. The revised Statement of Net Worth is … Read More
When Is It Time To Change Divorce Attorneys? by David Badanes - When is it time to change divorce attorneys?  Here are the signs that you may need a new divorce attorney. NOT RETURNING PHONE CALLS: You call your attorney or his/her office. You leave a message.  Yet, you do not get … Read More
What Does The Best Interests Of The Child Mean? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has been successfully helping clients with their divorce and family law cases. What does the best interests of the child mean? In New York State if you have a … Read More
Post-Divorce Financial Planning Issues You Need To Know by David Badanes - Your divorce is final – now what?  Here are some post-divorce financial planning issues: BUDGET:    After your divorce is settled and you know how much money you will be either paying or receiving in child support, alimony (spousal maintenance) or … Read More
Text Messages and Emails in a Divorce and After Your Divorce by David Badanes - Virtually everyone uses text messages and emails.  If you are thinking about getting divorced, are in the middle of a divorce or you are already divorced, here are some rules and tips to guide you on how you should use … Read More
What Are Some Important Issues That Must Be Addressed In A Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce attorney who has a track record of success and passion in handling hundreds of simple and complex divorce and family law cases. What Are Some Important Issues That Must Be Addressed … Read More
What Are The Most Common Mistakes People Make When Filing For Divorce? Video by David Badanes - Straight talk with David Badanes, Esq., an experienced divorce and family attorney. What are the most common mistakes people make when filing for divorce? Some of the common mistakes that clients make when they are getting divorce are the following: … Read More
Should I Worry About My Pet When I Get a Divorce? Video by David Badanes - Straight talk with David Badanes, Esq about what happens to your pet after divorce. Should you worry about your dog or cat when you’re getting divorced? What happens to your pet after divorce? In many divorces, people have pets, like … Read More
What Is Joint Legal Custody? by David Badanes - In New York State, the term joint legal custody does not have an official meaning.  However, the courts generally interpret the phrase to mean that both parents share the rights and responsibilities of raising their children.  This would include decisions … Read More
What Not To Do During Divorce? Video by David Badanes - Hi. My name is David Badanes. If you are contemplating a divorce or is getting divorced, here are important things you should not do. If you are thinking of getting divorced, there are many things you should not do to … Read More
How Social Media Can Affect Your Divorce Video by David Badanes - Straight talk with an experienced Long Island divorce attorney, David Badanes, Esq. How social media can affect your divorce? Nowadays, many people have Facebook and other social media sites. If you are getting divorced, you have to be very careful … Read More
The Five Most Frequently Asked Questions in a Divorce by David Badanes - Although, every divorce is different, I find that many of my clients have the same or similar questions. The following are the five most frequently asked questions I am asked by my clients: 1. How much will my divorce cost? … Read More
Can I Reduce My Child Support Payment Due to Unemployment? Video by David Badanes - Thank you for joining me. My name is David Badanes. I concentrate in Matrimonial and Family Law, with offices in Northport and Garden City. Today, I am going to answer the following question: Can I reduce my child support payment … Read More
Can I Lose My Inheritance During Divorce? Video by David Badanes - Thank you for joining. My name is David Badanes and I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following Question: Can I lose my inheritance during divorce? … Read More
Can I Change My Current Divorce Attorney? Video by David Badanes - Thank you for joining me. My name is David Badanes. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following question: Can I change my current divorce attorney? … Read More
Are My Financial Assets from Pre-Marriage Safe from Divorce? Video by David Badanes - My name is David Badanes.  I concentrate in Matrimonial and Family Law with offices in Northport and Garden City.  Today, I am going to answer the following Question: Are my financial assets from pre-marriage safe from divorce? If you’re getting … Read More
Bill O’Reilly Loses Custody Battle in New York Court Ruling by David Badanes - Bill O’Reilly, the famous commentator, has lost shared custody of his two children, and now has parenting time on alternating weekends and on certain weeknights. Although, Mr. O’Reilly is famous, the facts of his case and the Court’s decision is … Read More
How Robert Soros Reportedly Hid $21 Million from His Wife by David Badanes - Though George Soros, one of the 30 richest people in the world, might be a philanthropist, his son is less than charitable. Robert Soros reportedly hid $21 million in joint tax refunds while his wife was recovering from cancer treatments. … Read More
Hilary Duff and Ex-NHL Star Mike Comrie Officially Divorced After 2 Years by David Badanes - After two years, Hilary Duff’s divorce has finally wrapped up. Hilary Duff, aged 28, married former NHL player Mike Comrie, aged 35, in August of 2010. However, four years of marriage later, the couple separated in 2014. Ms. Duff would … Read More
New Spousal Maintenance Formula Explanation in New York by David Badanes - As of January 25, 2016, New York State has enacted a new spousal maintenance (alimony) law. The new law has significant changes for temporary spousal maintenance and post-divorce spousal maintenance. This article will focus on the new formula and contains … Read More
New Spousal Maintenance Laws in New York by David Badanes - As of January 25, 2016, New York State has enacted a new spousal maintenance (alimony) law. The new law has significant changes for temporary spousal maintenance and post-divorce spousal maintenance. Temporary spousal maintenance is the amount of maintenance that is … Read More
Divorce Between Actor Jeremy Renner and Sonni Pacheco Now Final by David Badanes - According to both People Magazine and TMZ, who procured official court documents, the divorce between actor Jeremy Renner and model Sonni Pacheco is now over. The divorce lasted just ten months but is complicated by the fact that they have … Read More
Need a New Attorney for Your Divorce? How To Switch Attorneys by David Badanes - 2016 is around the corner. Just two weeks away.But many of us have a problem: You’re unhappy with your current attorney. He/she doesn’t return your telephone calls, doesn’t update you on the status of your divorce or doesn’t properly represent … Read More
New Year — Starting a New Divorce in The New Year 2016 by David Badanes - You may have waited to start your divorce after the New Year. Here are a few tips for starting your divorce. If you do not already have an attorney, when selecting an attorney, make sure that attorney will actually handle … Read More
Custody Issues Around South African Girl “Ntombi” Living In Chris Rock’s House: What It Means In New York by David Badanes - Celebrities don’t have perfect lives. Life is complicated for them too, especially when personal issues like divorce, adoption, and custody are surfaced and reported by the media. According to an article by the NY Daily News on 11/24/15, comedian and … Read More
Durham Judge Reprimanded by N.C. Supreme Court After Telling Parents They Were “Acting Like Idiots” by David Badanes - According to the News Observer, the Supreme Court of North Carolina has ordered a public reprimand against a judge, James T. Hill, after he made inappropriate comments in the Courtroom during a child custody hearing. The article states that Hill … Read More
Actress Halle Berry and Olivier Martinez Both File For Divorce by David Badanes - Halle Berry and her husband of two years, Olivier Martinez, filed for divorce within days of each other, according to an article in the New York Daily News. Ms. Berry filed using pseudonyms, but Mr. Martinez used their legal names. … Read More
Over 50? Why Many In Your Age Bracket Are Seeking Divorce by David Badanes - According to a recent New York Times article, more men and women over the age of 50 are getting divorced than ever before. Even as the divorce rate for other age groups remains steady or declines, these ‘silver’ or ‘gray’ … Read More
Can I Get My Spouse To Pay My Attorney Fees? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following question: Can I get my spouse to … Read More
Divorced Or Living Together? The Catholic Church May Show You More Mercy by David Badanes - Roman Catholic bishops attended a three week assembly (synod) on family issues, and although they were divided at times they ultimately produced a consensus document that gave Pope Francis support on his vision of a merciful church. They were decidedly … Read More
Can I Switch Attorneys If I Am Not Happy With My Attorney? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me.  I concentrate in Matrimonial and Family Law with offices in Northport and Garden City.  Today, I am going to answer the following Question: I’m not happy with my attorney, … Read More
If I Receive An Inheritance Is It A Marital Asset? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following question: If I receive an inheritance, is … Read More
Is It A Good Idea To Take A Video Of My Personal Property During A Divorce? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following Question: Is it a good idea to … Read More
What Should I Know About Getting Divorced In Nassau County, NY? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following Question: What should I know about getting … Read More
What Should I Know About Getting Divorced In Suffolk County, NY? Video by David Badanes - Hello, My name is David Badanes, thank you for joining me. I concentrate in Matrimonial and Family Law with offices in Northport and Garden City. Today, I am going to answer the following Question: What should I know about getting … Read More
How an Attorney Can Get You Mother’s Rights: Video by David Badanes - If you are a mother who is getting divorced on Long Island, this is how an attorney can help you assert your rights. An attorney will make sure that you obtain all the proper evidence and documentation to prove your … Read More
What Is An Uncontested Divorce? Video by David Badanes - What is an “uncontested divorce?” An uncontested divorce means that both you and your spouse agree to get divorced and that you both agree on all of the terms of your divorce. You still may need an attorney to draft … Read More
Tips On Getting Pulled Over For A DWI In Northport: Video by David Badanes - As a criminal defense attorney on Long Island, I have created some tips on what you should do if you are pulled over for a DWI in Northport, New York. You have two basic choices: (1) Take the breathalyzer test … Read More
How An Attorney Can Get You Fathers Rights: Video by David Badanes - Hi my name is David Badanes and I am a matrimonial and family law attorney. If you are a Father who is getting divorced on Long Island, this is how an attorney can help you assert your rights. In many … Read More
Does “Off The Books” Money Get Calculated Into Child Support? Video by David Badanes - As a matrimonial and family law attorney on Long Island, New York, I am often asked is “off the books” money included when calculating child support.  The answer is most likely yes.  There are many ways that your “off the … Read More
How Long Does it Take to Get Divorced: Video by David Badanes - As a matrimonial and family law attorney many of my clients ask me “How long does it take to get divorced?” The answer is “it depends”. If you have a simple uncontested divorce, where everyone signs all the paperwork, then … Read More
Tips For Getting Your Child Support Obligation Reduced: Video by David Badanes - Hi my name is David Badanes and I am a matrimonial and family law attorney. If you are paying child support and are now making less money, you may be able to get your child support obligation reduced. In order … Read More
When Getting Divorced Be Careful What You Text by David Badanes - Texting is used by almost everybody. Although, texting is a quick and easy way to communicate, in a divorce, they can be your own worst enemy. Text messages can be retrieved and can be used as evidence. Therefore, if you … Read More
Must Have Items for Your Pre-Nuptial Agreement by David Badanes - As you probably know a pre-nuptial agreement is a valid contract that you and your spouse sign before you get married. A pre-nuptial agreement is not just for the “rich and famous”. There are many reasons why a pre-nuptial agreement … Read More
Keeping In Touch With Your Children After Relocation With Child Vacation Rights by David Badanes - If your ex-spouse is allowed to relocate, with your children, out of state (or within New York State, but, more than 100 miles away), then your parenting and visitation rights will be effected.  It is important to know that before … Read More
How A Legal Separation Agreement Can Be Used As A Basis For Your Divorce by David Badanes - Many couples decide they first prefer a legal separation instead of a divorce. In those situations, it is important to have an attorney draft a Legal Separation Agreement which will detail the terms and conditions of your separation. If you … Read More
David Badanes Esq. Announces Matrimonial Law Lecture To Be Held On September 19, 2015—Registration Is Open by David Badanes - Northport, NY—Attorney David Badanes Esq. announces a special lecture on Matrimonial Law to be held from 9am-11am on September 19th at the Residence Inn in Plainview (details below). The lecture is part of a larger series held by the Marino … Read More
How A Criminal Defense Attorney Can Help Lessen Your Sentence From A Judge by David Badanes - You have just been arrested and you are considering whether to represent yourself or hire an attorney. Although, you have the right to represent yourself, it is best that you hire an experienced criminal defense attorney. There are several reasons … Read More
What You Need to Know About Getting Divorced In Suffolk County by David Badanes - If you are getting divorced in Suffolk County, here are some things you should know. As with every county, in order to get divorced in Suffolk County, either you or your spouse needs to live in Suffolk County. The Judges … Read More
How is Paternity Legally Determined? by David Badanes - If you are married and your wife has a child, you are presumed to be the father of the child. If you are not married, then the mother, at the time of the birth, has the option to name the … Read More
What is Equitable Distribution? by David Badanes - In New York State, you and your spouse’s assets will be distributed by “equitable distribution.” Equitable Distribution is basically a fancy word for dividing your property in a fair manner. This typically means that marital assets will be divided in … Read More
Top Three Ways to Make Your Divorce Shorter by David Badanes - You probably have heard the horror stories of divorces that take several years. However, there are ways to prevent your divorce from becoming a long and drawn out process. Here are the top three ways to make your divorce shorter: … Read More
Are Alimony Payments Deductible in New York? by David Badanes - Alimony is sometimes also called “spousal maintenance” or “spousal support” payments. Regardless of its name, alimony payments are deductible in New York. However, it is important that your divorce agreement (usually called the Stipulation of Settlement) explicitly states that any … Read More
What is the Difference Between Alimony (Spousal Maintenance) Payments and Child-Support? by David Badanes - David P. Badanes, Esq. There is a significant difference between alimony (spousal maintenance) payments and child support payments. The amount of child support is typically determined by a formula and is based on your income. For most parents, the amount … Read More
Five Things to Do Before Filing for a Divorce (in New York) by David Badanes - If you are considering getting divorced, clearly this is not an easy decision and should be made carefully and with a plan in mind. Here are five things (and one bonus) to do before filing for a divorce in New … Read More
Is A Leased Car Considered A Marital Asset? by David Badanes - If you are getting divorced and drive a leased car, you should know that a leased car is not a marital asset. The leasing company is the owner of the car. Essentially, you are “renting” the car, and your monthly … Read More

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