National Law Day (May 1st) and What It Means for Your Divorce

In 1958, President Eisenhower declared May 1st to be Law Day in the United States. Although it is not an officially recognized government holiday, it is a day to celebrate law universally and spend time discussing how the law is meant to protect the people. In many cases, people are unaware about the many laws that affect them on a daily basis and this day is meant to raise awareness and inform them of these matters.

In the case of divorce law, it’s even more common for couples facing distress to have a hard time understanding the divorce process and how these laws will affect them. David Badanes, Esq. and The Badanes Law Office, P.C. are taking the time this Law Day to explain the history of divorce law and how each individual’s cases can be impacted.

It is often stated that it is much easier to get married than it is to get divorced. This is generally a true statement. For example, in New York, there are very few legal requirements in order to get married.  You certainly never have to get a Judge’s permission or get a Court Order in order to get married. In contrast, once married, to dissolve a divorce you will need to obtain a Court Order – called a Judgment of Divorce (or colloquially a “divorce decree”). When seeking a divorce or if you are the Defendant in a divorce case, your divorce is governed by New York State’s Domestic Relations Law.  This law provides the basis of how a Court will rule on all the issues involved in your divorce.

The intent of the divorce laws is to provide fairness in whatever means necessary. Spousal maintenance, what was once called “alimony,” is in the law to provide economic support for the spouse who might have sacrificed their career or income to support a family. When there are children, the intent of the divorce laws is shifted instead to protect and provide for the children. This means that there is a requirement to pay child support.

In New York, over the last 40 years, there have been significant changes to the divorce laws. One of the most significant changes in New York, is prior to 2010, in order to get divorced you had to prove “fault” or “grounds,” such as (i) abandonment for one or more years; (ii) cruel and inhuman treatment; or (iii) adultery. This was often an impediment to getting a divorce and also costly to the parties. Since October, 2010, New York now allows no fault divorces, where you don’t need to prove any fault, you simply file for divorce and once the issues in the divorce are resolved or determined by the Judge, a divorce will be granted.

While this process and many of these laws may feel overwhelming at first glance, The Badanes Law Office, P.C. is here to help you make sense of all of this.

If you are contemplating getting a divorce, and need an attorney to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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Earth Day: Can Your Divorce Be Good for The Environment

The divorce process is most notably recognized as one that takes a severe emotional and financial toll on the individuals involved. However, most people involved in the process are not aware that divorce can also take a toll on the environment. With Earth Day around the corner, it’s a great idea to reflect on all the ways you can make a difference positively in your life during an otherwise stressful experience.

For the most part, married couples and their families use less energy, heat, and air conditioning than couples who are divorced. This is because two separate households use more of these utilities than one household. However, there are plenty of practices that divorcées can take to make their households eco-friendlier and in turn a safer place for the environment.

Here are a few tactics you can implement throughout your separation process to give back to the environment this Earth Day.

  • Downsizing: If you are relocating, this might be the perfect time to downsize and get rid of what you truly don’t need. After going through your possessions, you can either sell them or donate them rather than just throwing them out. It has the added bonus of either generating a few extra dollars from selling your items, or perhaps a charitable donation on your tax return. It can also be therapeutic to get rid of some of your old possessions and trade them in for something new.
  • Replacing: Once you have relocated, there are many ways to replace your old items with new eco-friendly counterparts. Some of these replacements include the use of LED light bulbs instead of regular ones; Updating your HVAC system to a more environmentally conscious A/C or programmable thermostat; Using recycled and eco-friendly products; And lastly purchasing a car with better gas mileage.
  • Moving Materials: Plan ahead for your moving day by exploring companies that are eco-friendly. There are plenty that promise to use low-emission trucks, LED cargo areas and recycled materials. Additionally, instead of buying new boxes for the process you can re-use old ones you have or borrow some from a friend. Lastly, once you begin moving items in on the day of, you can use environmentally friendly cleaning solutions, such as white vinegar, essential oils, lemon, and baking soda to clean your items.

David Badanes, Esq. and The Badanes Law Office, P.C. believe that recycling and other eco-friendly measures are important for clients to consider. If you are contemplating getting a divorce, and need a divorce lawyer to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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What Is Temporary or Pendente Lite Child Support and Other Temporary Rulings In A Divorce?

You may have heard the term “pendente lite” child support or “pendente lite” spousal maintenance.  What do those terms mean?

Since a divorce can take months and sometimes years, before the Court makes a final ruling on your divorce, the Court may make other decisions or rulings while the divorce is pending.

The term “pendente lite” is a Latin term meaning “pending litigation” or in legal terms until the divorce is final, this is the Court’s decision or ruling. In laymen’s terms, a “pendente lite” ruling, means a temporary ruling that stands until the Court makes another decision. Once the Court issues its final divorce decree, in virtually all situations, a “pendente lite” decision becomes null and void.

The two most common uses of a “pendente lite” ruling are “pendente lite child support” and “pendente spousal maintenance” rulings.

A “pendente lite child support” decision is where the Court will make one parent pay child support to the other parent. When making a “pendente lite child support” decision, the Court typically has much less information than it would have if there was a trial. Once the Court issues a pendente lite child support order, it is binding.

Similarly, a “pendente lite spousal maintenance” order is where the Court will make one spouse make temporary spousal maintenance (alimony) payments to the other parent.

If you are thinking of getting a divorce, you need an attorney who can explain the divorce process to you in simple ordinary language. David Badanes, Esq. and the Badanes Law Office, P.C. have helped numerous clients in getting their divorce. You can contact David Badanes at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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While Your Divorce Is Pending, Should You Live Together Or Apart?

Either you or your spouse has filed for a divorce, one of the next decisions you might face is whether to continue living together or should you live separately.  Here are some of the issues to consider when making that decision.

Is there domestic violence?  If the answer is yes, then the Court may issue an Order of Protection which might force someone in leaving the residence. Yet, in some situations, even where there is domestic violence, it might not be possible to get an Order of Protection. In those situations, it might be a wise move to remove yourself from the residence.

Is there acrimony? There are many situations, where there is no domestic violence, but, the level of acrimony, hatred or just not being able to get along is very high. The emotional toll of having to live together, might not be worth it, so this is also a situation where you should seriously consider vacating the marital residence.

If the answer is yes, then the Court may issue an Order of Protection which might force someone in leaving the residence.  Yet, in some situations, even where there is domestic violence, it might not be possible to get an Order of Protection.  In those situations, it might be a wise move to remove yourself from the residence.

Is it clear that after the divorce, one person is going to stay at the residence, while the other person moves out? In your divorce, you might know which person is going to remain at the residence.  If you know who is going to stay and who is going to relocate, it might make sense to make that move sooner versus later.

Can you financially afford to move out now?  It is almost always true that it costs more to live separately than together. Yet, if you can financially afford to move out now, then it is something to consider.

When considering whether to move out now or later, these are just some of the things to consider.  David Badanes, Esq. and the Badanes Law Office, P.C. have helped countless clients in their divorce.

Contact David Badanes or the Badanes Law Office at 631-239-1702 or email us at david@dbnylaw.com.  The Badanes Law Office has offices in Suffolk County (Northport) and Nassau County (Uniondale).

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What Are Motions In A Divorce

While your divorce is in the Court system and before the divorce is finalized, there might be several issues that need to be addressed.  In many divorces, the following issues might need resolution: temporary child support, temporary child custody, temporary spousal maintenance, attorney fees and use of the marital residence. 

If the parties cannot agree on those issues, then one party might want to file a “Motion” – which is basically a “Request” to the Court for what you are seeking.

In most cases, motions are made in writing and submitted to the Court. Once a Motion is made, your spouse and his/her attorney get to file an “Opposition” to your Motion. This is what it sounds like, your spouse is “opposing” whatever request you are making. Your spouse also has the opportunity to make what is called a “Cross-Motion”, which means that now your spouse is making their own request. Similar to Motions, “Oppositions” and “Cross-Motions” are usually made in writing.

Depending on the Judge’s rules, after an Opposition is filed, the party who filed the Motion gets to file a “Reply”. The Reply is to whatever was stated in the “opposition” and again usually made in writing.

It is important to note, that Motions can be costly. It takes time and effort for your attorney to draft the Motion.  Furthermore, depending on what is in the Motion and the Judge involved, you might not get a ruling on your Motion for weeks or even several months.

If you need to file a Motion, it is best to discuss this issue with your attorney. If you are getting divorced and need an experienced divorce attorney, call David Badanes, Esq. and the Badanes Law Office, P.C.

The Badanes Law Office has filed numerous Motions and can represent you in your divorce.  Call David Badanes or the Badanes Law Office at 631-239-1702 or email us at david@dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and Nassau County (Uniondale).

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6 Ways To Save Money While Going Through A Divorce

If you are getting divorced, most likely your financial situation will be negatively impacted, especially while the divorce is going through the court process. If you want to save money, the first thing you will need is a separate bank account to put any saved money into. The next thing to do is to have a budget sheet with your income and expenses stated.

The six ways to save money are:

#1:  Consider getting rid of: cable television, Netflix subscription, and other subscriptions. If you pay for Netflix and cable television, you might want to consider getting rid of one them. You might also have other subscriptions that can be cancelled.

#2:  Make your own lunch, dinner.  Eating out is expensive.  Making your own lunch or cooking your own dinner will save you money.

#3:  Use Coupons. Its sort-of-old-fashioned, but coupons can save you money.

#4: Insurance:  Although, you may be required to maintain insurance during your divorce, you are allowed to switch some insurance policies. You should see if another insurance company can save you money on your premiums. Before you switch, double-check with your divorce attorney.

#5: Downsize your car: You might be able to save money by downsizing the car you are driving or getting a car that gets better gas mileage. Again, you will need to check with your attorney before making this decision.

#6:  Forced savings:  Open up a saving account at a new bank that you don’t currently use.  Every time you get a pay check (or if you don’t get a pay check, then twice a month), take 2% to 10% of your pay check and have it automatically transferred into this new savings account.  Unless, there is an emergency, do not use this new savings account to pay for anything for at least one year.  Even after the one-year period is concluded, see how much you have saved and see what you can re-adjust to keep this account growing.

Saving money during your divorce can be difficult, but, little by little, if you keep saving money, you might be able to get some significant savings.

David Badanes, Esq. and The Badanes Law Office, P.C. have represented and helped numerous clients in their divorce and in helping them get their divorce over as soon as possible. If you are thinking of getting divorced, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com.

The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.

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Who Gets The House In A Divorce?

You and your spouse are getting divorced and you own a house.  Who gets to own the house after the divorce?

Neither spouse has “better” rights to the house.  However, there are a few factors that may decide who gets to live in the house, before it is owned by either party.

Children:  If you have children and one spouse is granted custody of the children, then it is possible that spouse may also be allowed to live in the house for a few years (usually until the children graduate high school).  This is a complicated situation and if this is your situation, you should seek more information from your attorney.

Was the House Bought Before Marriage:  If the house was bought before marriage and the house is considered that spouse’s “separate property”, then that spouse will almost always be given the right to retain ownership of the house.

By Agreement:  In most situations, the divorcing couple reach an agreement on who will get to own the house after the divorce.

All other situations:  If you don’t fit into any of the above categories, then the Court will have to decide who gets the house after the divorce.  In virtually all of those situations, the Court will state that the house has to be sold to a third-party and neither spouse gets to keep the house.

For many divorcing spouses, their house is their greatest asset.  If you are getting a divorced and have questions about your house and the divorce, then call David Badanes, Esq. and the Badanes Law Office, P.C.  David Badanes and the Badanes Law Office, P.C. have helped countless divorcing couples.

If you need a divorce attorney to represent you, then call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport and in Nassau County.

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When Can I Start Dating If I’m Getting A Divorce?

During your divorce, you might want to start dating again.  If there are no children involved in your divorce, then whether or not you can start dating again is probably a moot point, as most Judges would not prevent you from dating again or even care if you are dating.

The issue of when you can start dating again, typically only matters when there are children involved. Since each divorce is different, there is no “right” answer as to when you can start dating again.  It is best to consult with your attorney on this issue.  However, if you want to start dating during your divorce, here are some of the issues you should consider:

  1. The Relationship with Your Children: Dating during your divorce may have a negative effect on your children and your relationship with them. Your children may rebel against your new “significant other.”  One thing you should never do is allow your children to call your new boyfriend/girlfriend “daddy” or “mommy”.  If you do decide to date, then it is probably best not to have your significant other and your children at the same time.  Your dates should be separate from the time you have your children.  You should not invite your boyfriend/girlfriend to your children’s events.
  2. Your Personal Emotional Health: A divorce is a major change in your life. Entering into a new romantic relationship may not be the best thing for your own personal emotional health.
  3. Impact on Custody and Child Support: If you decide to live with your new significant other, this could have an adverse consequence on the amount of child support you pay (or receive) and also child custody. Living with your new significant other may affect the level of child support you will eventually receive because you are living with another person and sharing expenses.
  4. You Should Focus on your Divorce: Divorces can be time consuming, exhausting, and difficult. It is important to focus the majority of your time and attention on your divorce so you can be fully prepared and focus on the goals you have and the eventual outcome of your divorce.
  5. Difficulty in Reaching a Settlement: If either spouse starts to date before the divorce is final, it could make it more difficult to reach a settlement. The non-dating spouse may become jealous or spiteful and be less open to negotiation. It is a better idea to hold off on dating until a settlement is reach or an agreement is signed.

If you need an experienced divorce attorney, call David Badanes, Esq. and the Badanes Law Office, P.C.  Call David Badanes or the Badanes Law Office at 631-239-1702 or email us at david@dbnylaw.com.  The Badanes Law Office has offices in Suffolk County (Northport) and Nassau County (Uniondale).

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In New York: What Is The Difference Between Supreme Court And Family Court

In New York, there are several layers and several different types of Courts.  This article will give an explanation of the differences between Supreme Court and Family Court.

Supreme Court:  Unlike many other States and unlike the Federal Government, in New York, the Supreme Courts are not the highest Courts.  Instead, New York Supreme Courts are generally one of the “lowest” Courts, and is the trial court of New York.  The New York Supreme Courts, generally handle: (i) Civil litigation cases; (ii) Divorce cases; (iii) Real Estate Disputes; (iv) Disputes against government agencies; and (v) other general cases.

As it pertains to “family” matters, New York Supreme Courts is the Court that handles all divorce cases.

Family Court: Will handle the following kinds of cases: (i) for unmarried couples: child custody disputes and child support disputes; (ii) non-criminal orders of protection; (iii) adoptions; (iv) child abuse and other child protection type cases; (v) spousal support cases; (vi) paternity determinations; and (vii) juvenile delinquency cases.

Therefore, for unmarried couples, if there is a dispute involving their children (under the age of 21), then they will be in Family Court.  It is important to note that Family Court cannot grant you a divorce, for that, you must go to Supreme Court.

If you are not sure what Court you need to go to, call David Badanes and the  Badanes Law Office. David Badanes and the Badanes Law Office have helped numerous individuals in all areas of matrimonial and family law.

If you need an attorney to represent you, then call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport and Garden City.

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Divorce and Your Credit Score

As you probably already know, there are financial agencies who have developed a “credit score” (or credit rating) based on your financial history. Many people who are going through a divorce experience financial stress, which could have a negative effect on your credit score.

A good credit score can help keep your interest rates down and will also help you in obtaining new credit.  Insurance companies and some employers will also check your credit rating. Therefore, while going through a divorce it is important to keep paying your bills and to maintain your credit score rating.

It is important to note that if you have a credit card that is used by both you and your spouse, the credit card company wants the credit card balance to be paid, they “don’t care” that you are getting divorced. This is why it is important to: (i) suspend the use of the card (put it on hold: (ii) cancel the card; (iii) remove your spouse as an authorized user; or (iv) have your spouse remove your name as an authorized user.

After the divorce, many women decide to change their name.  If you decide to change your name, then change it before you start applying for new credit cards, loans or any other type of credit. You also want to notify your existing creditors that you will be changing your name.

If you are considering a divorce, then you need to hire an experienced divorce attorney. David Badanes and the Badanes Law Office, P.C. have helped numerous individuals in all areas of matrimonial and family law.

If you need an attorney to represent you, then call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport and in Nassau County. .

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