What To Do When Divorcing in the New Year

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.

Preparing to File for Divorce in the New Year

The end of the year is a common time for unhappy couples to start thinking about divorce. People in troubled marriages may think of the new year as having a fresh start. Although you are looking to file for divorce after January, there are some things you can do to prepare for divorce that will make the process smoother.

  • Know your Debts: Make a list of all the debts that you have. This would include credit cards, mortgages, car loans, student loans, personal loans and any other debts you might have. Make sure you include both “your” debts, your “spouse’s” debts, and any joint debts.
  • Know Your Assets: Know your assets and make a list of the same. Most divorces will require you to fill out a document called the “Statement of Net Worth”. The Statement of Net Worth is similar to a budget statement. When considering your assets, make sure to include:
    1. Real Estate (both your primary home and any vacation homes)
    2. Cars
    3. Financial Accounts: i.e.: Checking, Savings, Money Market Accounts, CD’s.
    4. Stocks, Securities, Mutual Funds
    5. Pension and Retirement Accounts: i.e.: 401(k), IRA, Profit Sharing, etc.
    6. Life Insurance
    7. Business Interests
    8. Personal Property: i.e.: Art Work, Jewelry, valuable collections
  • When making your list of assets, try to determine their value and if you are claiming them as joint or separate property.
  • Gather and Organize Important Documents: Important documents include tax returns, W2 Statements, and Banking Statements.

David Badanes and the Badanes Law Office, P.C., have represented countless clients in their divorces. If you have questions regarding filing for divorce, contact David Badanes at 631-239-1702.

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Should I File For Divorce Before Or After The Holidays?

Statistics show that most divorces are filed in the month of January.  The thought is that those people who have been planning to file for divorce will wait until the Holidays are over to avoid disrupting their families during Christmas or Hanukkah.  

However, there may be a good reason to file for divorce before the end of the calendar year.  It is important to know that you can file for a divorce, without your spouse’s knowledge, and you do not have to serve your spouse until after January.  In this way, you may be able to preserve certain advantages, yet, still avoid any Holiday disruptions.

Filing in the current calendar year may be to your advantage if you believe you made less in the prior calendar year than in the current calendar year.  When computing child support or spousal maintenance, the starting point is the last available W-2 statements and the last filed Tax Return.  If you made significantly less in the prior calendar year, then filing now may be to your advantage.

Of course, if your spouse also made less in the prior calendar year, you need to take that into account as well.

Another reason to file now, and then serve later, is that you may have more time to focus on your divorce in December than in January.  There is a common misconception that you are busier in December than in January, yet, some studies show that the opposite is actually true.

If you want to file for divorce in December, but, serve your spouse in January, then David Badanes and the Badanes Law Office, P.C. can help you.  They have represented countless client in their divorces.

If you are thinking of getting divorced, and live in Suffolk County, Nassau County or New York City, call David Badanes and the Badanes Law Office 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 Garden City.

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New Year — Starting a New Divorce in The New Year 2016

Fresh Start You may have waited to start your divorce after the New Year. Here are a few tips for starting your divorce.

  • If you do not already have an attorney, when selecting an attorney, make sure that attorney will actually handle your case. Some law firms will have several attorneys who may handle your case.
  • Get copies of your financial documents. You will need to provide financial documents, including, your banking statements, mortgage statements, tax returns and retirement account information. Having copies of those documents or an electronic copy (pdf) will help you and your attorney.
  • Have a post-divorce plan. You should have a post-divorce plan in place. Where are you going to live? If you have children, what kind of custody and support are you seeking? What will be your budget?
  • Evidence: You should be saving your text messages, emails, photographs and any other evidence that you may need in your divorce. Your attorney can give you more information about this.

At the Badanes Law Office, David Badanes personally handles every divorce. He provides excellent legal representation combined with superior client care. All telephone calls and emails are returned promptly, usually within the same day. Mr. Badanes has helped clients in both complex divorce cases as well as in simpler uncontested divorce cases, and everything in-between.

If divorce is in your plans as a “New Year’s Resolution,” please reach out to us. If you live in Suffolk County, Nassau County or New York City and need a divorce (matrimonial) lawyer, then call David Badanes and the Badanes Law Office at 631-239-1702 or email at david@dbnylaw.com.

 

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