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The Top 10 Sneakiest Things People Do During A Divorce

by David Badanes | February 23, 2023

Sometimes, a divorce will bring out the worse in somebody. They will do anything in an attempt to make their soon-to-be ex miserable. Below are the top ten sneakiest things that some people do during a divorce. Although, they will try these “sneaky” tactics, they rarely succeed and there are ways to make sure that you are protected.

In no particular order, here are the ten sneakiest things:

  • Hiding Assets: Your spouse may have assets that you don’t know about (jewelry, stocks, hidden money). They will try to hide those assets by giving them to their family or friends.
  • Increasing Credit Card Debt: Your spouse may increase credit card debt, hoping that you will have to pay 50% of that debt.
  • Stealing Assets: This is a version of hiding assets. Your spouse may start to take your jewelry or other assets and “steal” them, by placing those assets in their family or relative’s hands. At first, you might not notice that necklace etc. is missing.
  • Reducing Income: If your spouse is able to reduce their income by not working overtime or by working less hours, they may all of a sudden reduce the amount of income they can earn.
  • Entering into “Secret” Agreements: Your spouse may enter into contracts that purport to sell their business or other assets. They may try to keep these contracts a secret until after the divorce.
  • Sudden interest in the children: In an attempt to obtain child custody, a spouse may all of a sudden have an interest in increasing their time with the children.
  • False allegations of child abuse: Unfortunately, this is one of the most used “sneaky” tactics. One parent will make false allegations of abuse against the other parent.
  • False Domestic Violence allegations: Similarly, one spouse may make false allegations of domestic violence against the other spouse.
  • False allegations of Drug Use: A spouse may falsely accuse the other spouse of illegal use of drugs and/or alcohol. Although, this can be easily rebutted, the allegations may still linger in the Court’s mind.
  • Pretending to be sick or ill: In order to delay the Court’s proceedings, one spouse may pretend to be ill.

There are many strategies you can use to counteract a spouse’s sneaky tactics. They are too voluminous to review in this blog.  It is best that you discuss these issues with your divorce attorney. It is rare for any of these sneaky tactics to actually work.

If you need an attorney to help you in your divorce, then call David Badanes, Esq. and The Badanes Law Office, P.C. They have successfully fought false allegations of child abuse and other sneaky tactics. Call 631-239-1702 or email at david@dbnylaw.com to schedule a consultation.

The Badanes Law Office represents clients in Suffolk County, Nassau County, and New York City.  Our offices are located in Northport and in Uniondale. We can also meet clients at offices located in Brooklyn and Manhattan.

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After a Divorce Can I Still Collect as a Beneficiary?

by David Badanes | March 23, 2020

It is fairly common that during a marriage, you will name your spouse as a beneficiary to your life insurance policy, mutual funds, retirement accounts, trust and other similar assets. When you get divorced, your divorce agreement should explicitly state that you revoke that designation — with one very large exception. If there are children involved, the divorce agreement can state that the children are the beneficiary and that your ex-spouse is just a trustee or guardian of the assets.

However, even if the divorce agreement does not explicitly revoke your ex-spouse as a beneficiary, New York State law provides that a divorce automatically revokes such designations. There is an exception to the law, namely if the insurance policy, retirement account or trust expressly states that a divorce does not revoke a beneficiary designation, then in that case, it would not be expressly revoked.

If you have questions about your divorce or you are seeking to get a divorce, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. If you live in Suffolk County or Nassau County, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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Child Support Arrears Can Lead to a Driver’s License Suspension

by David Badanes | February 20, 2019

If you are in arrears in your child support payments, then you may face having your driver’s license suspended. In fact, if you are in arrears in your child support payments, then several other types of licenses can be suspended including:

  • Business licenses
  • Contractor licenses
  • Professional licenses (doctor, lawyer, accountant)
  • Occupational licenses
  • Boating licenses
  • Hunting licenses
  • Fishing licenses

In order for your licenses to be suspended or revoked, you would need to be at least four months in child support arrears. However, prior to having any license suspended or revoked, there needs to be a hearing. At that time, you would have the opportunity to either pay all your arrears or perhaps enter into a payment plan to pay your arrears.

It should also be noted, that if your driver’s license is suspended, you may be eligible to receive a restricted driver’s license that will allow you to only drive to and from your place of employment.

It is clear, that you should pay all your child support obligations. If you are in danger of falling behind in your child support payments, then you need to be proactive and contact an attorney to avoid having your licenses suspended.

If you need an attorney to help you with child support issues, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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Are Character Witnesses Helpful In A Divorce?

by David Badanes | August 31, 2018

Many of my clients will ask me if it helps to have a character witness in their divorce case. Here is some information that will help answer that question.

A character witness is a person who attests to another’s moral character, conduct and reputation in a court of law. Typically, character witnesses are used in criminal cases to verify the positive traits of the defendant.

However, in divorce cases character witnesses usually do not have that much of an effect. This is because in a criminal case, the effect of a character witness is to help to lessen a criminal punishment. In a divorce case, the Court is not weighing whether or not it should impose a harsh sentence, but, is weighing who should receive custody of a child. Furthermore, in a divorce case, both parents will be able to bring in character witnesses who will state that each parent is a “good parent.” Finally, the Court will realize that your character witness is most likely a family member or a close friend and will discount their testimony.

However, if the character witness can testify to events that they have actually seen (or perhaps heard) which reflects negatively on your spouse and/or positively on you, then the character witness may have more of an impact. Here, the character witness is not just stating that you are a good parent, but, they are testifying that they have seen you exhibit positive behavior or they have seen your spouse exhibit negative behavior.

Instead of using a relative or a close friend as a character witness, it may be better to call a teacher, one of the children’s coaches, or any neutral adult that can testify about what they have actually witnessed. These types of third-parties are viewed as more persuasive witnesses.
It is important to note that a character witness may backfire on you. Your spouse’s attorney is sure to cross-examine the witness and if the witness testifies to anything that may be viewed as negative to your case, that could weaken the witness’s testimony.

Another reason why a character witness may not be helpful, is that they may be a reluctant witness. You should also know that many times, a character witness, will not want to be bothered to having to come to court to testify.

When you are getting divorce, it is important to hire an attorney who knows what witnesses to call. David Badanes and the Badanes Law Office, P.C. have extensive trial experience and can help you in your divorce.

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Credit Card Debt (In A Divorce)

by David Badanes | July 19, 2018

In general terms, all debt that is accrued during the divorce, is equally divided between both spouses. The same is true for credit card debt. So, for example, it may not matter that you never used your spouse’s credit card, the debt on that card will probably be 50% your responsibility. Of course, the same goes for your credit card debt, your spouse will probably have to pay 50% of your credit card debt.

However, it is important to note, that once the divorce action is filed, that any additional credit card debt, that is accrued after the filing of the divorced action will be the full responsibility of the person who created that debt.

Whatever credit card debt that exists will have to be addressed in the divorce. This does not necessarily mean that the debt will be paid off during the divorce or even at the time of the divorce. However, it does mean that your divorce agreement or the Court’s decision must decide who will pay the credit card debt and when it will be paid.

In many divorces, you may have to either cancel a credit card or put a hold on any new charges on the credit card. You or your attorney must likely will need to review your spouse’s credit card statements to make sure that you should be responsible for the charges on that credit card. Finally, if your spouse is required to pay your credit cards, then it is very important that you review each month’s credit card statements to make sure that your spouse is actually paying those credit cards.

When you are getting divorce, it is important to hire an attorney who knows how to deal with credit card debt and all the issues in a divorce. David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).

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Social Media and Affairs

by David Badanes | December 20, 2017

As of 2017, it has been estimated that 81 percent of Americans use social media.  That percentage will keep growing and growing. Facebook is the most popular social media platform and the one that most adults use.

There is anecdotal evidence that Facebook has led to more affairs, one survey claims that 1 in 3 divorces started as an “online affair”, which quickly became a “physical affair”. The power of Facebook allows you to find former high school sweethearts, college friends, or boyfriends/girlfriends. Too often reaching out to these former friends/lovers can sometimes lead to sexual affairs.  This has led many sociologists to conclude that Facebook and social media has increased the amount of “cheating”.

On the flip side, Facebook and social media has also made it easier to identify and catch cheaters.  It is fairly easy to find out if someone is posting or messaging on Facebook.  Simply deleting a post will not prevent “digital fingerprints”.

If you believe your partner is involved in a sexual affair and are seeking a divorce, David Badanes and the Badanes Law Office, P.C. can help you. The Badanes Law Office partners with many social media experts who can help you discover whether or not your partner is cheating. David Badanes and the Badanes Law Office can be contacted 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, Garden City, Brooklyn and Manhattan.

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Keeping In Touch With Your Children After Relocation With Child Vacation Rights

by David Badanes | September 21, 2015

movingIf 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 your ex-spouse is allowed to relocate, you can petition the Court to prevent the relocation (see article: Relocation (After Divorce) for more information).  This article will assume that the Court has allowed your ex-spouse to relocate.

Since your   will be a great distance away, typical parenting time arrangements will usually not work.  Therefore, it is important to come up with creative solutions so that you can still have a good relationship with your children.

With today’s technologies, you can Skype or Video Chat with your children for little to no cost.  This allows you to keep in touch and see your children.

As for parenting time, here are some ideas:

  • You should request that you have parenting time once a month, for a full weekend.
  • You should request four weeks of parenting time during the summer.
  • You should request that you have parenting time during the children’s extended school vacation weeks (December recess, February recess and Spring recess).
  • You should always request that your ex-spouse pays for all travel expenses to and from your residence.

David Badanes and the Badanes Law Office excel in seeking creative and innovate solutions to difficult problems.  The Badanes Law Office has helped several individuals who have faced relocation issues.  If you live in Suffolk County, Nassau County or New York City and need a divorce lawyer, then Contact David Badanes and the Badanes Law Office at by calling, 631-239-1702,  or email at david@dbnylaw.com The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.