Tag: divorce advice

What To Do When Divorcing in the New Year

by David Badanes | January 2, 2020

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.

Top Five Divorce Tips For Men

by David Badanes | October 21, 2019

The following are the top five divorce tips for men. Remember, this is general advice, as each divorce is different.

#1: Don’t move out of the house.

Before moving out of the house, you should consult with an attorney. Generally, it is much better for you to keep the status quo and remain living in the same house as your spouse. Even, if you sleep in the basement, on the couch or in a different room, it is usually better to remain in the house then to move out. Of course, if there is a Court order forcing you to move out, then you must abide by the Court order.

#2: Don’t lie about your finances.

As part of the divorce, you will most likely complete what is called the Statement of Net Worth. The Statement of Net Worth is similar to completing a budget, but, you include information about assets and debts as well as your monthly expenses. If you “lie” on the Statement of Net Worth or on any other part of your finances, then you will face serious consequences.

#3: Focus on the big issues.

During a divorce, sometimes it can be easy to get caught up in a minor issue or event. Your time and efforts are better spent focusing on the major issues of your divorce.

#4: Listen to your attorney.

If your attorney tells you something, then listen to their advice. Disregarding your attorney’s advice will almost always put you at a disadvantage or in making a bad decision.

#5: Be careful when consulting with your friends or family (even if they are an attorney).

Your friends and family mean well. They may tell you that in their divorce they got something and you should get the same thing. Divorce laws are always changing and even if there is not a formal change in the law, the Judge’s attitudes and decisions are also changing. Even if your friend/family member is an attorney, unless they are a matrimonial attorney, they may not know the nuances of divorce law. Before following your friend’s or family’s advice, ask your attorney if that is good advice.

David Badanes and the Badanes Law Office, P.C., give commons sense and everyday advice to help you through your divorce. If you are thinking of filing for a divorce or you are going through a divorce, contact David Badanes and the Badanes Law Office, P.C.

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Google Maps and Your Divorce

by David Badanes | July 17, 2019

You probably have used Google Maps or some other Internet Mapping Program to help you find an address or to give you directions. However, until recently, a New York Court did not have to automatically allow you to introduce into evidence Google Maps or any other Internet Mapping Program.

However, as of December 28, 2018, a New York Court can take judicial notice, subject to a rebuttable presumption, that Google Maps etc. is valid and can be entered into evidence.

Why is this important? and What does it mean?

In a divorce, sometimes the distance between the parties’ residence can be important, especially when it comes to child custody cases. If one parent lives far away from the child, then this can be an issue as it pertains to custody and parenting time. To establish distance or directions, your attorney may have to use Google Maps.

Prior to the new law, if someone wanted to use Google Maps etc., they had to prove to the Court that it was a valid map. This would take time and, in some instances the Court would reject the Google Map.

Now, the Court can take judicial notice, this means that the Judge should allow the Google Maps etc. to be admitted into evidence. There is a safeguard, as the other side can still object to the Google Map, but, that side has the burden of proof to show that the Google Map is invalid or does not fairly and accurately portray what is being offered to prove.

There are always changes in the law, David Badanes, Esq. and the Badanes Law Office, P.C. keeps up with these changes and makes sure that they are used to help their clients. Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Can You Date Before The Divorce is Final?

by David Badanes | May 25, 2019

Unless there is a specific Court Order stating that you cannot date before your divorce is final, you can date someone while the divorce is pending and before your divorce is final.

Although you are typically allowed to date, most Judges do not want you to have your new paramour introduced to any of the parties’ children. This means that you should not have dinner with your children and your new boyfriend/girlfriend. In general terms, you should not be spending time with your new boyfriend or girlfriend and with your children.

Furthermore, you should not be spending marital assets on the new boyfriend/girlfriend. This means that if you still have a joint bank account with your spouse, you should not be withdrawing monies from that account and then spending it on your new boyfriend/girlfriend.

You should also refrain from taking your new boyfriend/girlfriend on any vacations or on spending any exorbitant amount of monies on the new paramour.

If you need legal advice and are seeking an attorney, 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 us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

In a Divorce, Should You File Your Taxes Jointly?

by David Badanes | March 11, 2019

If you are in the middle of a divorce and it is not finalized by December 31st, then you can still file a joint tax return. You are still considered “married” by the IRS if your Judgment of Divorce is not signed by December 31st. So, in some situations, all your divorce papers could be filed, prior to December 31st, but, if the Court (Judge) has not signed them, by the end of the year, you are still legally married.

In most situations, by filing a joint tax return, you will pay less in taxes than if you filed a separate tax return. Yet, there are some reasons why you might want to file a separate tax return, even if you are still legally married. As one example, if you believe your spouse is committing tax fraud, then it probably would be wise to file a separate tax return.

You always have the option to file a separate tax return during the period that you are still married. However, as stated above, you most likely will have to pay more in taxes compared to if you filed a joint tax return. This is because some tax deductions, credits, and other benefits are not available or are limited when you file separately.

So, in general terms, most likely you should file a joint tax return until your divorce is finalized. However, you should always consult with an accountant or tax attorney, before deciding whether or not to file a joint tax return or a separate tax return.

As with all areas of divorce, David Badanes explains the different tax consequences that occur in a divorce. If you are thinking of getting divorced, call David Badanes and the Badanes Law Office today at 631-239-1702 or contact us online.

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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Working Dads and Divorce

by David Badanes | February 11, 2019

If you are a working dad and facing a divorce, here is what you need to know to protect your rights.

  1. Keep working. If you quit your job, the court will not reduce your child support obligation. Furthermore, you will need the income.
  2. Open a new bank account. You will need access to your own funds. Although you will most likely need to keep paying the monthly expenses, you are permitted to open up your own new bank account.
  3. Reduce your expenses. Where possible, reduce your expenses and save what you can. You may soon be facing child support and maintenance payments that will strain your budget.
  4. During the divorce process — don’t move out of the house.
  5. Once the divorce is over, if you must relocate from the marital home, then you should find a place to live as close as possible to where your children will be living.
  6. Stay involved with your children.
  7. Make the most of your time with your children. This does not mean that you have to be a “Disneyland Dad”. Find activities that you both you and your children enjoy.
  8. Make a budget.

If you are a working dad, then divorce may be very difficult. David Badanes and the Badanes Law Office, P.C. have represented numerous working dads and helped them in their divorce.

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How Does a Divorce Effect Social Security Benefits?

by David Badanes | February 6, 2019

Social Security benefits are available to most American workers. For married couples, even if only one spouse is eligible for Social Security benefits, the other spouse may also receive benefits based on the marriage. When couple’s divorce, in order to collect Social Security benefits from your former spouse, you need to meet the following requirements:

  • Your marriage must have been for at least 10 years
  • You must be at least 62 years of age (at the time that you want to start collecting your benefits)
  • You need to remain unmarried — however, if you do re-marry, then you may still be able to receive benefits from your first spouse
  • Your own Social Security benefits must be less than the amount of benefits you would receive from your ex-spouse

If you do qualify for Social Security benefits, the benefits you receive do not reduce the amount of Social Security benefits paid to your former spouse. Therefore, getting divorced does not reduce your benefits, it only allows your former spouse to collect Social Security benefits as well.

You should also know, that if your ex-spouse qualifies for their Social Security benefits, but, has not applied for them, that you can still receive your Social Security benefits, based on that ex-spouse (provided that you have been divorced for at least two years).
Finally, it is important to know that Social Security benefits are subject to Federal Law and are not subject to change based on changes in New York law.

If you are contemplating divorce and you are close to being married for 10 years, you may want to delay filing for divorce until you are married for more than 10 years. This way you may be eligible to receive Social Security benefits from your former spouse.

If you are thinking of getting a divorce, you need an experienced Matrimonial and Divorce Attorney to guide you through the process. 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 and Uniondale.

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Stay at Home Moms and Divorce

by David Badanes | January 31, 2019

If you are a Stay At Home Mom and thinking of getting a divorce, or have been served with divorce papers, you need to know what your rights are.

You need to know that the courts will recognize your contribution as the caregiver for the children.

As a stay at home mom, while the divorce is in process you may be eligible for temporary child support and temporary spousal support.

Most likely your spouse will be required to pay some or most of your attorney fees.
Here are some other things you should know or do:

  • Keep a log (diary) of your daily and weekly caregiving duties with the children.
  • Determine what the monthly expenses are, including, the mortgage, utilities, car expenses
  • Determine how much support and money you will need after the divorce.
  • Open up your own bank account
  • Get a copy of the important financial documents

If you are a stay at home mom, you face specific challenges. David Badanes and the Badanes Law Office, P.C. have represented countless stay at moms and helped them in their divorce.

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What Cats Can Teach You About Divorce

by David Badanes | January 4, 2019

Yes, you read that right, cats can teach you something about divorce. As someone who has watched several cat videos, their behavior offers lessons for us humans on the divorce process. So, what can cats teach us:

  1. Cats don’t listen to other cats. Cats are not pack animals, they don’t blindly listen or follow what other cats do. When going through a divorce, your family and friends may give you lots of advice on how to handle your divorce. They may mean well, but, all too often their advice is not helpful. It is better to listen to your attorney’s advice.
  2. Cats can take care of themselves. Most cats are pretty independent and are good at taking care of themselves. In your divorce, you may need to learn how to take care of yourself.
  3. Cats are tough. If you have watched those cat videos, you are probably amazed at what cats can endure, and come out as if nothing happened to them. You will need to apply this advice in your divorce. A divorce can be very stressful and you may be faced with some difficult issues. Like a cat, you need to be tough and find a way to be successful, no matter what a divorce throws at you.
  4. Cats don’t need expensive jewelry or anything expensive. You buy a cat a cute little cat toy, and most likely it will play with the box it came in. Cats make do with what they have. So, in your divorce, you may be focused on what “things” you used to have, but, it may be better to focus on what is really important than on “things”.
  5. Cats will not tolerate bad behavior. Cat owners know that cats will not put up with crazy or annoying behavior. The same goes for your divorce. You may not be able to change your ex’s behavior, but, there is no need for you to tolerate it. If your ex’s actions are negatively affecting the children, you must take action.

You don’t have to love cats to know that they can teach you something about divorce. David Badanes and the Badanes Law Office recognize that a divorce is a stressful time, but, like a cat, will help you navigate the process. If you need a divorce attorney with cat-like reflexes, then call David Badanes and the Badanes Law Office. 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.

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