What Does The Settlement Of A Divorce Mean? Video

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 on the day of trial, however, again 90-95% of divorces actually settled before going to trial.

So settlement means you and your spouse will enter into an agreement or a contract that will explain all the information that’s involved in your divorce from A to Z.

What Are Some Common Myths About Divorce? Video

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. However, these myths, like any other myths are untrue.

In New York State, you have to pay child support up until 21. Many people believe that it is only up to 18. However again, in New York State, it’s up to 21 years old of age.

Another common myth is that if your child is in college, you do not have to pay for child support. You may have to pay both for college and for child support in New York State. Your child support obligation may be reduced because the child is going to college however you still have to pay for it.

Another common myth is that if you go to court, and the judge hears your side of story that you are going to win the case. However, the judge does not really get to hear your side of the story until trial. You do not get to speak to the judge until there is a trial. And at trial, it’s in a question and answer format. So the judge again doesn’t really get to hear your side of story.

Another very common myth is if the house is in my name only, the deed is in my name then my spouse doesn’t own it. If you bought the house after marriage and for some reason only put the deed in your name the house still is a marital property and both belong to you and your spouse.

These are common myths about divorce that you may believe in however they are untrue.

What Is The Process Involved In An Uncontested Divorce? Video

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 involved in an uncontested divorce. Typically, in an uncontested divorce, you and your spouse have worked through the issues of child custody, of child support, and division of assets. If you can’t work out those issues before meeting with an attorney, an attorney can give you a list of the issues and the basic questionnaire to work with those issues with your spouse. However, typically, those issues are worked out prior to meeting with an attorney. However, you can’t workout 100% of those issues, the attorney can meet with you to try to help you resolve those issues with your spouse and identify the exact issues that need to be resolved before going to court.

In an uncontested divorce, everything is resolved before you actually go to court and the documents are submitted to the court and the clerk to get you divorced.

What Is The Process Of A Contested Divorce? Video

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 are many stages involved in a contested divorce. The first thing that will happen will be a preliminary conference. You and your spouse are required to go to court and the attorneys, and you may meet with the judge to give the basic information to the judge about your particular case – how many children, what your income is, whether you own a house, what your general assets are. It’s not a full-blown hearing. It’s a meeting with the judge to get the basic information about your divorce. That’s what a preliminary conference is.

After the preliminary conference, typically the next stage is what’s called discovery. This is where you and your spouse will exchange information with the respective attorneys or all the documents involved in your financial information, income taxes, bank information, pension information, insurance information, and all the financial documents that will be needed for the divorce.

After the discovery is completed. There may be what’s called a deposition or what some people call EBT. Deposition is where you sit down, and the attorney gets to ask you with questions about your financials. Again, how much income you make, how much schooling you’ve had, how many child support you’ve been paying. The other attorney gets to ask you questions, and your attorney gets to ask your spouse with questions as well.

After deposition, there will be preparation for a trial. And that again goes through the financial information and prepares you for trial. And then eventually, there will be a trial scheduled and at the day of the trial typically the judge will ask if there’s been a settlement or can the parties go and try to settle the case. The judges always like to have settlements even on the day of trial. If you cannot settle the case then, of course, there will be a trial and that could by anywhere from one day, 3 days or 3 weeks depending on how complicated your divorce is.

What Is Postnuptial Agreement And Do You Recommend Them? Video

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 a prenup. You still can get what’s called a postnuptial agreement. This means an agreement you enter with your spouse after you’re married to take care of your financial information and your financial assets.

I highly recommend having a postnup as well as a prenup.

A Lecture On Matrimonial Law: A-Z

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 bar. His lecture about Matrimonial Law was considered as “the best lecture”.

Find out more about David Badanes’ on-demand course “New York Matrimonial Law From A To Z” here.

How To Find Hidden Assets Of Spouse In A Divorce? Video

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 and you believe your spouse is hiding assets, there are many ways we could find out where these assets are being held.

We can hire a private investigator; we can send out subpoenas to various banks, and also we will look at the documents that your spouse will provide to my office.

What To Know About Visitation Rules? Video

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 like to called “parenting time” or what some people called access time with your children.

What’s important to know about parenting time is that it has to be very specific of what your times would be with your children. If it’s not specific, then it’s left out to your spouse or court to determine exactly what it means.

A good example would be, you cannot just say I am going to see my child on a weekend, you should say something more like I’ll have my child on Friday evening at 5 o’clock and return the child on Sundays at 7 o’clock. Of course the exact times and the exact dates may change depending on your situation, but the important thing to know is that it has to be very specific.

Also, you have to take care of all the holidays that are important to you, whether it is Christmas or Hanukah or whatever other religious holidays you may enjoy and celebrate with your child. You have to go through the calendar and make sure that all the holidays are taken care of and all the school holidays are taken care of so that you get to see your child when you want to see your child.

Also, you should make sure you have some of the vacation time in that agreement so that you know that you have vacation time with your child.

So visitation again means parenting time with your child and should be very specific when you get to see your child or your children so that you can make sure that your rights will be protected.

What Are The Most Common Mistakes People Make When Filing For Divorce? Video

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:

You should stay in a house as long as possible until your attorney tells you that it’s okay to leave the house.

Also, another common mistake is that if you are required to pay child support, you need to keep paying child support even if you lose your job or if income gets reduced.

If those situations happen, you need to talk to an experienced attorney to discuss these situations.

Should I Worry About My Pet When I Get a Divorce? Video

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 dogs or cats and they love their pets. They want to make sure they can have access to their dog or pets after the divorce.

Similar to having children, the court can decide where your pet is going to live after the divorce. So you may have to work the situation out with your spouse and certainly you need to talk to an experienced Long Island divorce attorney to discuss your situation about your pet, whether you will be able to see your dog, pet cat or whatever you may have after the divorce.