With COVID-19, How Long Will My Divorce Be Delayed?

As you may know, with COVID-19 the Courts and the Court’s Clerks have been essentially shut down and have been operating only sporadically. This means, that if you filed for divorce before the COVID-19 Pandemic, that your divorce will be delayed.

Each County has been handling their divorce cases slightly differently. Therefore, you need to know how your County is operating. For example, Suffolk County may be able to process your divorce papers faster than Nassau County. Yet, even in Suffolk County, it has been stated that already filed divorces may be delayed for two to four months. In Nassau County, it has been rumored that it may take longer than that.

If you have an attorney, the best thing to do is consult with your attorney. If you filed the papers by yourself, it may be difficult to get information from the court system.

David Badanes and the Badanes Law Office, P.C. have helped numerous clients in obtaining a divorce. If you are contemplating getting a divorce, call David Badanes at 631-239-1702.

I Want to Get Divorced Now, But Can’t Due to Coronavirus – Here’s What You Can Do

COVID-19 and the Coronavirus has had multiple effects and one of those effects is that the Court system has been virtually shut down and is not taking any new divorce cases (or by the time you read this, it may finally start taking some new divorce cases).

Although, the Courts may be closed or only operating partially, there are many things you can still do to start the divorce process.

  1. Hire an Attorney: If you haven’t hired an attorney, now is the time to do so.
  2. Financial Documents: Get electronic or hard copies of your financial documents. You most likely will need a copy of your recent Tax Returns and last year’s W2 statement. In addition, you will need Bank statements, Retirement statements and Mortgage statements. Now is the time to get a copy of these documents as your attorney will need them.
  3. Credit Cards: Make a list of your credit cards and also get at least one year of statements. Most credit card accounts have at least one year of statements available online.
  4. Get Your Own bank account: You should open up your own bank account (both checking and savings). It is also a good idea, to open up the new bank account at a different bank than the one you have with your spouse.
  5. Start Saving Money: Start putting money into the new bank account. If you are employed, then you may want to put your paycheck (or some of your paycheck) into the new bank account.
  6. Get a new accountant or talk to the one you have. In many divorces, you may want to obtain a new accountant. The time to start looking for one is now. Your new accountant can help you with your tax returns and maybe give you good financial advice. If you want to keep your existing accountant, you may want to talk to him/her and see what financial advice they can give you.

All the above steps will help to facilitate your divorce — even if the Coronavirus will delay things.

If you are considering getting divorced, then you need an experienced attorney who can help you. David Badanes can be contacted at 631-239-1702.

How Are Divorces Being Affected by the Coronavirus?

The Coronavirus is affecting all aspects of our “normal” life. The Court system is no exception. The Courts have decided that only “emergency” applications and filings will be allowed.

So far, in Suffolk County, they are not accepting new divorce actions. In Nassau County, you can commence a new divorce action by e-filing. If you have a pending divorce, most likely any court appearances have been adjourned to a date in May or even to a later month. If there are any pending motions, they will be extended.

If there are any temporary orders of custody or support, they are continued. If there is a temporary order of protection that is scheduled to end, then the end date has been indefinitely extended until the Coronavirus emergency is over.

In summary, your divorce action is basically “on hold”. However, it is important to note that each Judge may be handling your case differently. Therefore, you should always check with your attorney to confirm what exactly has happened to your divorce case.

David Badanes, Esq. and the Badanes Law Office, P.C. is keeping apprised of the new developments as it pertains to the Coronavirus. David Badanes have helped countless clients going through their divorce and navigating them through the process.

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What Does Senator D’Amato’s Divorce Teach Us

According to recent reports, the former U.S. Senator D’Amato has settled his divorce with his soon-to-be ex-wife Katuria D’Amato. Their divorce battle has been on-going for about two years and despite the Senator’s advanced age (he is 82 years old), there were two pre-teen children involved in the divorce.

Although, the details of their divorce are confidential, a few lessons can be learned from their divorce.

Lesson #1: In New York, all divorce pleadings and documents are confidential. Unlike most other court documents, divorce pleadings and any filed court documents are confidential. Only the parties and their respective attorneys are permitted to view any filed court documents. There are exceptions to this rule, but anyone seeking to obtain a court filed document must petition the court for permission to view the documents. However, those exceptions are very rare. Accordingly, you can be assured that your divorce documents are confidential.

Lesson #2: In the D’Amato’s divorce, the Judge first held a custody hearing. This is not unusual. Some Judges will want to have a custody hearing before considering the other issues involved in the divorce.  However, typically those custody hearings only result in a “temporary custody” ruling. Yet, regardless of whether the result is a temporary ruling, that result will have a great effect on the eventual decisions involve in the divorce. Accordingly, if there is going to be a custody battle, you want to be prepared to fight this battle from the onset of your divorce.

Lesson #3: Parties who have significant assets and money are the divorces that still take a long time to decide. We have all heard stories of divorces dragging on for years. For the most part, the Courts have made an effort to shorten the divorce process. However, the D’Amato divorce is the exception to the rule and still demonstrates that parties that have significant assets and money can spend the money to lengthen the divorce process.

If you are seeking a divorce, David Badanes, Esq. and the Badanes Law Office, P.C., can help you. Divorce attorney David Badanes has represented numerous clients in their divorces and can help you as well.

If you are thinking of getting divorced, please contact David Badanes and the Badanes Law Office, P.C. at 631-239-1702 or email at david@dbnylaw.com. We have offices in Northport and Uniondale.

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I Want a Divorce but My Spouse Doesn’t

You may want a Divorce, but your spouse does not. What can you do? New York State is a “No Fault” Divorce State, so, you can get a divorce with or without your spouse cooperating or “wanting” the divorce.

The first step in starting the divorce process is to file a Summons and Complaint (or in some instances, you can file a “Summons With Notice” and then subsequently file the Complaint). Then the Summons and Complaint must be properly served upon your spouse. The key is here is that you must have “proper service”. This means you cannot just give the Summons and Complaint to your spouse. It is highly recommended that you hire an experienced process server to serve the Summons and Complaint upon your spouse. If you hire an attorney, your attorney will most likely handle the entire process of filing the Summons and Complaint and also making sure it is properly served upon your spouse.

What if my spouse states that he/she will not respond to the Summons and Complaint?

Technically, your spouse does not have to respond to the Summons and Complaint. However, if your spouse does not respond to the Summons and Complaint, then you can still get divorced. You would request that the Court give you a default divorce. Your attorney will know how to make sure that you make the request for a default divorce correctly.

In the process of granting a default divorce, the Court will schedule a special court hearing called an “Inquest”. At the Inquest, your attorney will present evidence that your spouse was properly served and will also present the basic facts of your divorce. If applicable, you will be able to make a request for child custody, child support, alimony, distribution of assets and the payment of debts as well of all the other issues of your divorce. In general, terms, since your spouse has not responded to the Summons and Complaint, the Court will grant most of your requests.

The bottom line is that you can get a divorce regardless of whether or not your spouse also wants the divorce.

If you are contemplating getting divorced and believe that your spouse does not want the divorce, then you need an experienced attorney who can guide you through the process. , David Badanes and the Badanes Law Office, P.C. have the experience to get you through the divorce process, even if your spouse doesn’t want the divorce.

Divorce, Judges and Court – What You Need to Know

If you are getting divorced, unless your case is a simple “uncontested divorce”, then a Judge will be assigned to your case and you will need to go to Court. You may even have to go to trial. Therefore, it is important to know what the Judge’s role is and what you need to know when you go to Court.

  1. What Does a Judge Do? Unlike a criminal case, in a divorce case, a Judge does not find you “guilty”, “innocent”, or sentence you to jail (unless they find you in contempt of court, more on that later).


    Before there is a divorce trial, typically there will be many court conferences. Although every Judge handles their court conferences differently, in general terms, at a court conference, the Judge determines the basic facts of the case. Also, before a trial, there may be temporary orders or decisions that apply while the divorce case is pending. A typical example is a temporary order of child support.

    Sometimes, a Judge will tell the attorneys their general feeling about the case. Although these are not formal rulings, your attorney will be able to know which way the Judge is leaning towards and guide you accordingly.

    If there is a trial, the Judge will hear the evidence, rule on any objections and sometimes ask the witness some of their own questions. At the end of a trial, it is extremely rare for a Judge to issue a ruling. Instead, the Judge will compare his/her notes and consider the evidence. The Judge will issue a written decision which is usually mailed to the attorneys.

    As mentioned above, a divorce case is not a criminal case. However, if you disobey a Judge’s Order or act in such a manner that causes you to be in “contempt”, then it is possible that a Judge could find you in “contempt of court” and in extreme cases, decide that you should be in contempt.

  2. Dress Appropriately. What you wear to Court will impact how a Judge sees you. If you are claiming that you do not have any money or resources, then you should not be wearing expensive jewelry or thousand-dollar suits. In contrast, if you are someone who does earn a good income, then going to Court in old pants and a ripped shirt, will make the Judge know that you are not telling the truth. Generally, you should wear “business casual” attire and not a lot of jewelry.

  3. Don’t Interrupt the Judge. When the Judge speaks, you listen. If the Judge asks you a question, then answer the question. Sounds simple enough, but, I’ve seen clients who talk over a Judge and I’ve seen clients who don’t directly answer the Judge’s question. If a Judge asks you a question, typically keep your answers short and to the point. Your attorney can always expand upon your answer.

  4. Don’t Waste the Judge’s Time. A Judge will have hundreds of cases. Do not bring frivolous issues or simple disputes to the courtroom. A Judge does not want to be bothered with something that should be worked out between divorcing couples. A good example is what to do with your personal property (furniture, TVs, computers, clothing). Most Judges do not want to be bothered with dividing up personal property. They expect the clients to be able to divide the personal property in a fairly equal manner. Of course, there are exceptions to this rule. If you have expensive jewelry, art collections, sports collections or other things of value, a Judge may have to decide how those items are divided up.

  5. Be Prepared, but, Don’t Be Like a Robot: If you are going to trial, then you need to be prepared. Your attorney will review your case with you. However, when you are a witness, you do not want to look like you have memorized your answers or look like a robot when answering your questions. Most clients are very nervous when they are on the witness stand. That is to be expected, and a Judge will understand that you are nervous. In contrast, if you look like you have memorized your answers, a Judge may hold that against you.

  6. Do Not Lie. This may be the most important rule. If a Judge catches you lying or believes that you are either lying or not telling the whole truth, this could ruin your whole case. It is much better, to tell the truth — no matter, how damaging it might be — then to lie.

  7. A Judge will be one of the most important parts of your divorce matter. Each Judge handles their divorce cases differently. David Badanes and the Badanes Law Office, P.C. has extensive experience with all the Suffolk County and Nassau County Judges. Mr. Badanes is well respected and knows that the Judges what an attorney who is honest and does not waste their time. If you are contemplating a divorce or just served divorce papers call David Badanes at 631-239-1702.

What To Do When Divorcing in the New Year

The start of a New Year is typically when many couples will file for divorce. If you are going to start the process of a divorce or if you have just received divorce papers, here are a few “To-Dos” to make sure you are properly prepared.

  1. Create a Budget: Although a divorce may be better for your mental health and also make you happier, in almost every divorce, it costs more to live separately than to live together. To help you prepare, you should create a budget. There are many budget worksheets that you can obtain for free. Having a budget will help you realize how much you will need and perhaps what expenses you can either reduce or eliminate.
  2. Gather and Organize Important Documents: Start getting all your important financial documents, including your bank statements, tax returns, W2 statements, retirement statements and credit card statements. Your attorney will need these statements. Most attorneys will accept electronic (pdf) copies, so you probably do not have to print out your statements.
  3. Get Your Credit Report: A Credit Report will help you identify your credit history, loans, and credit cards. You may discover that your spouse has been using your credit cards or taking out loans in your names. You should be able to obtain your credit report for free as there are a few websites that offer this service.
  4. Start Researching Attorneys Now: If you don’t have an attorney or don’t know one, you should start researching divorce attorneys now. Since so many couples choose to get a divorce in January, many divorce attorneys are very busy in January. Do your research as soon as possible and be flexible when you can meet your attorney.
  5. Find a Therapist/Counselor: Too many people make the mistake of using their divorce attorney as a therapist or counselor. A divorce attorney is not trained to be a therapist or counselor. In addition, it will cost you a lot less to see a therapist than to call your attorney for therapy.
  6. Make a List of Your Goals: Are you seeking sole custody? Joint custody? Are you looking to sell your house? Move out of your house? Do you want to retain your retirement assets? These are just a few of the goals that you may want and that your attorney will need to know.

If you will be seeking a divorce in the New Year or you have just been served with Divorce Papers (Summons or Complaint), then contact David Badanes at 631-239-1702.

Preparing to File for Divorce in the New Year

The end of the year is a common time for unhappy couples to start thinking about divorce. People in troubled marriages may think of the new year as having a fresh start. Although you are looking to file for divorce after January, there are some things you can do to prepare for divorce that will make the process smoother.

  • Know your Debts: Make a list of all the debts that you have. This would include credit cards, mortgages, car loans, student loans, personal loans and any other debts you might have. Make sure you include both “your” debts, your “spouse’s” debts, and any joint debts.
  • Know Your Assets: Know your assets and make a list of the same. Most divorces will require you to fill out a document called the “Statement of Net Worth”. The Statement of Net Worth is similar to a budget statement. When considering your assets, make sure to include:
    1. Real Estate (both your primary home and any vacation homes)
    2. Cars
    3. Financial Accounts: i.e.: Checking, Savings, Money Market Accounts, CD’s.
    4. Stocks, Securities, Mutual Funds
    5. Pension and Retirement Accounts: i.e.: 401(k), IRA, Profit Sharing, etc.
    6. Life Insurance
    7. Business Interests
    8. Personal Property: i.e.: Art Work, Jewelry, valuable collections
  • When making your list of assets, try to determine their value and if you are claiming them as joint or separate property.
  • Gather and Organize Important Documents: Important documents include tax returns, W2 Statements, and Banking Statements.

David Badanes and the Badanes Law Office, P.C., have represented countless clients in their divorces. If you have questions regarding filing for divorce, contact David Badanes at 631-239-1702.

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Why You Should File for Divorce BEFORE the New Year Starts

In December, for those persons considering to file for a divorce, many times they will wait until January to file. However, there may be a good reason why you should file before the New Year starts.

It is important to know, that you can file in December, and you do not have to serve your spouse in December. You can file in December and then wait until January to serve your spouse with the divorce papers. In this manner, you get the benefit of filing early, yet, you do not have to upset the holiday season.

What are the potential benefits of filing in December and before the New Year:

  1. Debts: For most debts, the amount of marital debt that is considered is determined as of the date of filing. The most common example is credit card debt. Credit card debt is a joint marital debt. So, no matter whose credit card it is, you most likely will owe 50% of the amount of credit card debt that existed as of the date of filing for a divorce. Once, you file for divorce, you most likely will not be responsible for any additional credit card debt that is incurred after the date of filing. Of course, there are many exceptions to this rule, but, you may benefit from filing in December to freeze the amount of credit card debt you are responsible for.
  2. Valuation of Assets: The valuation of assets almost always changes. Whether or not an asset has a higher or lower current value may benefit you. You may want to file early to “lock-in” the valuation of an asset.
  3. Changes in Income: When determining child support or spousal maintenance (alimony), the starting point is last year’s W2 or income. So, if you file in December, you first look at last year’s W2. If your income is less last year than this current year, you may benefit from filing in December.

David Badanes and the Badanes Law Office, P.C., have helped numerous clients in determining whether or not to file in December or in January. If you are contemplating getting a divorce or if you have been served divorce papers, contact David Badanes at 631-239-1702.

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Common Lies Told During a Divorce

Here are some common lies that you may hear during your divorce.

LIE: You can’t make me move out of the house

In New York, as part of the divorce process, the Court will determine who can stay and who has to move out of the house (or apartment). This may happen at the end of the divorce or at some point during the divorce. If there is domestic violence, then you may be able to get a Court order immediately removing your spouse from the house. Even, if there is no domestic violence, as part of the divorce, the Judge can order the sale of the house or that one spouse “buys-out” the other spouse’s interest in the house. At some point, the Judge will order that one spouse has to leave the house. So, yes, a spouse can be made to “move out of the house.”

LIE: I will ignore (or not accept) the divorce papers, so you can’t get divorced

Although your spouse can ignore (or not accept) the divorce papers, you can still get divorced. Your attorney (or you) can petition the Court that your spouse is ignoring the divorce papers (that is your spouse is not responding to the Summons or other divorce documents). In New York, if your spouse ignores the Summons or divorce papers, then the Court can conduct what is called an “inquest.” At the inquest, the Court can grant you a divorce.

LIE: I will not pay you any child support

Technically, this could be true. However, if you are awarded child support, there are many ways you can try to get payment from your spouse. Most of the time, there are ways to find money and payment from your spouse. Yet, if your spouse does not have an “on the books” job and has hidden all of his/her assets, then they may be able to not pay you any child support. This is typically very rare. If your spouse does not pay child support, then the Court can hold the person in contempt and your spouse can be imprisoned for failing to pay child support. Many times, right before facing imprisonment, your spouse will come up with the amount of child support that is owed to you. If the spouse still refuses to pay child support, then they can go to prison. So, technically, your spouse does not have to pay child support, but, they will face serious consequences.

LIE: You have no money, so you can’t afford an attorney

In New York, the spouse who earns all the money can be ordered to pay most, or even all, of your attorney’s fees. If you are a stay-at-home-parent and have no income, your attorney can immediately petition the Court to have your spouse (who does have income) to pay your attorney’s fees. Therefore, the fact that you have no money does not automatically mean that you can’t hire or afford an attorney.

LIE: If you divorce me, you will never see the children

It is extremely rare that a Court will determine that a parent has no rights to see the children. In certain situations, a Court may order “supervised visitation”, which means that the parent must be properly supervised when the parent sees the children. Even if a parent is in prison, a court can order you to bring the children to visit the imprisoned parent.

As for the parent “kidnapping” the children, despite what you see on the news, this is also extremely rare. For the few times that a parent does attempt to kidnap the children, they are caught virtually every time.

If you are not sure what to believe when you are going through a divorce and need an attorney, contact David Badanes and the Badanes Law Office, P.C.

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