Timeshares in a Divorce

If you and your spouse have a timeshare, then you should make sure that to take care of what happens to the timeshare after the divorce. There are three different ways to handle your timeshare:

One Party Keeps It: If one party wants to keep the timeshare and the other party is okay with not owning the timeshare after the divorce, then it should be possible for one party to keep the timeshare. If one party keeps it, there is the question of how much the timeshare is worth. Then the next question is how much current debt there is and how much will it cost to maintain and keep the timeshare going forward. You will also have to make sure that your contract to purchase or rent the timeshare allows for one party to take over the entire timeshare. It is important that all these considerations are specifically in your divorce agreement

Sell It: In most divorces, the divorcing couple finds that it may be easier to sell the timeshare than to keep it. Yet, selling a timeshare has its own issues. There may be a soft market for the timeshare and you may not be able to sell it. There are companies that will purchase your timeshare. In most cases, the timeshare’s value is minimal, but the companies that purchase it will at least get you out of any long-term contract.

Share It. Some couples decide that they both want the timeshare and neither wants to sell it. In those cases, the couple can agree to share the timeshare after the divorce. Of course, this could lead to problems post-divorce. The divorce agreement must be clear about who will pay for the timeshare and for the yearly maintenance fees. It will also need to be very clear about who gets to use it and how that time period is defined.

Like any property, what happens with a timeshare has to be determined in the divorce process. If you are getting divorced, David Badanes and the Badanes Law Office, P.C. can help you decide what to do with all of your property, including timeshares.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

When and How Can I Withdraw My New York Divorce?

Once you start a divorce and file a Summons (or Summons With Notice), you may not be able to simply cancel or withdraw your divorce. To determine when and how you can cancel/withdraw your divorce, you need to follow these general guidelines.

If your Summons hasn’t been served yet: If you filed your Summons, but have yet to serve it, then withdrawing your divorce action is very simple. You simply file a Notice of Discontinuance.

If your Summons has been served, but, the other parent hasn’t responded yet. If the Summons was filed and served, but, the other parent hasn’t responded yet, then withdrawing is still very simple. Once again, the filing of a Notice of Discontinuance will suffice, however, the Notice also has to be served upon the other parent.

If your Summons has been served and the other parent has responded. If the Summons was filed and served and the other parent has responded, then to withdraw requires both parent’s signature and approval. Once both parents approve then the Notice will be filed with the Court.

If you want to withdraw your New York Divorce, you should consult with an attorney to make sure that it is done correctly. David Badanes and the Badanes Law Office, P.C. have years of experience and can help you in getting your divorce cancelled/withdraw.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Do I Need to File for a Legal Separation Before Filing for a Divorce?

In New York State, you do not need to file for a legal separation before a divorce. Although, it is not necessary, some married couples want to first obtain a legal separation before filing for a divorce.

In general terms, the number of legal separations has significantly been reduced in the last few years. The main reason for that is that in the past, many couples chose a legal separation, instead of a divorce, so that they could remain on the other party’s health insurance plan. At least in New York, that reason is now somewhat diminished, as an individual can obtain very good health insurance that is inexpensive and comparable to what they would have had if they stayed married.

There are two ways to obtain a legal separation: (1) Enter into a legally binding legal separation agreement, which then must be entered into the County Clerk’s office; OR (2) get a Judgment of Legal Separation from a Court. The vast majority of legal separations are obtained by a legal separation agreement. It is important to note that just having an agreement is not sufficient, it must be filed with the County Clerk’s Office to be considered a legal separation agreement.

A legal separation does not dissolve the marriage. When a couple files for legal separation, they are still legally married. This is the main difference between a legal separation and a divorce. The other main differences are the effects on health insurance, taxes and potentially retirement assets.

Choosing between a divorce and a legal separation is a personal choice. Some couples want to first have a “trial separation” before they obtain a divorce. Other couples have religious reasons on why they don’t want a divorce. A few couples stay technically married for the children. There is no right or wrong as a legal separation agreement can typically take care of all the financial aspects that a divorce agreement would have.

David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. have years of experience and can help you obtain a legal separation or a divorce.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Why it is Important to Have a Will in NY After COVID

You never know when tragedy will strike, which is why it is vital to be prepared. We have seen how rapidly the Coronavirus took the world by storm. We have also seen how the Coronavirus does not discriminate based on age; it is affecting people both young and old, the healthy and those who had previous health conditions.

All too often, too many people are not prepared with a Will nor do they feel the need to be. However, it is crucial to have a Will as illustrated by the sudden impact of the Coronavirus.

A Will is one of the most important things you can create for yourself and your family and ensures peace of mind. It allows your family to be protected and provides instructions for how you would like your affairs to be handled.

When tragedy strikes and a family member passes on, especially unexpected, it brings a heavy emotional burden. While mourning, it can be difficult to manage affairs, such as assets, bills, life insurance, etc. Having a Will prepared helps to eliminate the stress and worry associated with someone’s death. A Will provides the blueprint of how you want your estate to be handled. Additionally, deciding who is in charge of executing your Estate by naming an Executor in your Will is paramount.

The Coronavirus pandemic has shown us that you are never too young to prepare a will. Regardless of if you are married, divorced, single, or have children, etc. it is crucial to be proactive and give your loved ones the gift of having all of your affairs in order.

David Badanes and the Badanes Law Office, P.C. have helped numerous clients in preparing a Will. Whether you are interested in creating a new Will or updating an old Will, amending a present will, call David Badanes and the Badanes Law Office, P.C. as they have the experience to help you. Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

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.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

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.

To get more important legal news, tips and articles, please like us on Facebook https://www.facebook.com/BadanesLawOffice.

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.