Divorce Delayed? Here’s Why

You started your divorce months or maybe even a year or two ago, and you still can’t see an end in sight – why? Well, it’s a complicated answer because divorce is a complicated area. Most divorces take a while to finalize because there are many legal and financial steps that need to be taken. When you add a global pandemic to the situation, the amount of time it takes to finalize a divorce increases immensely.

If your divorce has not been settled, you should ask your attorney why it is taking so long to get resolved. However, there are some common reasons that lead to this situation. Mr. David Badanes Esq. of Badanes Law Office on Long Island shared some common reasons for why divorce settlements may take so long.

Discovery is not done. In divorces, discovery is the gathering and exchange of evidence, information, documents, etc. Discovery is a very broad term and will become more specific depending on the financial assets and specific conflicts of the two parties. The time it takes to complete discovery depends mainly upon the types of documents and information that need to be gathered, the complexities of the personal and financial situation, and the cooperation of the two parties. As a result, discovery may take a while to complete.

Waiting for an appraisal of a house or business. The appraisal of certain assets is a normal step in a divorce. Unfortunately, companies that perform appraisals operate on their own schedule. The two parties in a divorce may need to wait for appraisals to be completed in order to proceed in the divorce process.

COVID-19. This is a massive reason for delays in divorce proceedings over the past year and a half. The pandemic affects many aspects of the divorce process, slowing everything down as a result. Most courts are incredibly backed up, but still need to give each case on the docket their due time and care. Additionally, many judges, attorneys and clients have become ill, leading to delays in the divorce process. The pandemic has also impacted the workforce in significant ways. There may be fewer clerks working to handle divorce cases, so even if your divorce has been settled and all the documents have been submitted, that may not be enough to finalize it quickly.

No matter what the reason is for the delay in your divorce settlement, the situation is understandably frustrating. Divorces rarely get finalized quickly, so it’s best to prepare yourself for what may take longer than expected.  Make sure you are confident in your Long Island divorce attorney to handle any delays that may come up.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

 

 

Owning A Business Together And Getting A Divorce

By David Badanes and Max Glick

Divorce is already a complex procedure, which can be made more complicated if the spouses own a business together.  In most situations, the business will have to be valued by a neutral expert.  In addition, the divorcing couple will need to decide who retains the business after the divorce.

In some situations, one spouse may retain full control of the business after the divorce.  This typically happens if that spouse was the one who either founded the business or is the one who, prior to the divorce, took care of most of the day-to-day running of the business.

In some cases, an end to a marital relationship does not mean an end to the business partnership and the ex-spouses continue to work together.  Although, this is rare, just because there is a divorce, does not mean that the two adults cannot work together to make sure that the business continues to thrive. For those who choose this option, it is because each spouse brings value to the business.

Finally, in some instances, the divorcing couple will choose to sell the business.  This brings its own set of questions, for example: (i) how are the net proceeds of the sale distributed; (ii) what are the tax consequences; and (iii) can one of the spouses start a new business that essentially does what the old business did – but, just under a new name?

Here are three things to know concerning getting a divorce and owning a joint business:

1. Distribution of Income

While the divorce is ongoing or if the divorcing couple decide to retain the business together, the issue of how to distribute the company’s business should be resolved.  As with most issues in a divorce, if the spouses cannot agree on how to distribute the company’s income, then a judge may issue orders on how the distribution of income should be handled.  In many instances, a judge will appoint a third-party, called a receiver, who will be in charge of the distribution of income in the business.  Note that a receiver will often be entitled to a large fee and could become a large expense of the business/divorce.

2. Control of the Business

Whichever spouse has more influence and oversight in the business will most likely be the one who will retain control after the divorce has been settled.  However, this can be difficult to determine as one spouse may deal with multiple sides of the business.  For example, a spouse may be in charge of meeting with clients, soliciting new clients, and marketing the business.  While the other spouse may be involved in the behind-the-scenes operation of the business such as payroll, budgeting, etc.  One way to determine the control of the business is for the spouses to be up-front with what aspects of the business they manage.  If the spouses cannot agree, one may file with the court to retain exclusive authority over the business.  If this is the case, the filing spouse will need to provide documentation which demonstrate their control such as financial records with their name, and/or operating arrangements.

3. Division of the Business

After the conclusions have been reached on the distribution of income of the business and the role each spouse plays in the business, the question becomes: How do the spouses divide the business? The spouses may decide keeping the business is not in their best interest and seek a buyout therefore splitting the proceeds, or closing the business and splitting the assets.  Another option is for one spouse to buy out their ex’s share in the business.  Alternatively, the ex-spouses might be able to work out their differences and continue to run the business as partners, albeit no longer married.

David Badanes, Esq. and the Badanes Law Office, P.C. have helped numerous divorcing couples with the division of both their divorce and their mutually-owned business.  Prior to becoming an attorney, David Badanes operated a business and currently, he operates a business with his wife.  David Badanes knows the challenges of owning a business and the challenges of splitting up a business or buying/selling one.

If you are considering getting divorced and own a business with your spouse, contact David Badanes and the Badanes Law Office, P.C. at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice

 

Health Insurance After A Divorce

By David P. Badanes, Esq. and Max Glick

Here are three things to know about health insurance after your divorce:

1. Health Insurance Regarding Children

Regardless if you are divorced or not, in New York, it is mandatory that parents are financially responsible for their children.  This includes providing them with health insurance until they are 21 years old.  After your children reach 21 years of age, parents are not obligated to be financially responsible for their offspring and therefore they no longer are obligated to provide health insurance for anyone over 21 years of age.

However, a parent can and many still do, provide health insurance for their children until they reach the age of 26 years old.  Currently, the law states that children are eligible to remain on their parents’ health insurance plan until they reach the age of 26.

2. Health Insurance Regarding the Non-Primary Insurer

If you were insured through your spouse, then most likely, your divorce will specify that you will need to obtain your own health insurance plan.  However, you could retain the same exact health insurance plan via COBRA (Consolidated Omnibus Budget Reconciliation Act).

Through the COBRA program, you can maintain the same health insurance coverage you had under your spouse, but yar are required to pay the full price of the policy.  Typically, this is a very expensive option.

In New York State, if your employer does not offer health insurance, then you can obtain health insurance through the government-run New York State Marketplace.  In many situations, you may be able to obtain reasonably priced health insurance through the N.Y. State Marketplace.  You can obtain more information by going to nystateofhealth.ny.gov.

Finally, if your employer does offer health insurance, then you choose that option.

3. Health Insurance Regarding the Primary Insurer

If you are insured through your own employment, then your divorce will not change your eligibility and you will not lose your existing coverage.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through your divorce.  If you are contemplating getting a divorce or looking for a new divorce attorney, 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 Uniondale, Nassau County.

Please like us on Facebook, Instagram, Twitter, or LinkedIn to get important legal news, tips and articles.

Land Mines for Marriage: What Are the Most Dangerous Signs That You Are Heading for A Divorce

Most divorces do not happen for no reason at all. Normally, couples have disagreed and have been struggling for some time before they make the decision to split. Many assume that the warning signs of divorce are mostly explosive arguments, extreme betrayal, or infidelities. These are a cause for the end of a marriage, but signs of divorce can also be subtle, everyday occurrences that tend to go more unnoticed.

David Badanes, Esq. of Badanes Law Office on Long Island has shared some of the most common warning signs that may lead to a divorce.

  • Emotional Distress: If you are not happy, or your spouse tells you that he/she is feeling negative emotions toward you or that he/she has no positive emotions towards you, then this is a tell-tale sign that something isn’t working.
  • Infidelities: Loyalty is a key component of marriage and if your spouse is caught having an affair whether it be physical or emotional, it can be hard to bounce back from.
  • Avoidance: If you or your spouse are spending more time with friends or family than with each other, it could be a sign your relationship isn’t as strong as it once was. While it’s perfectly healthy to have time away from each other, if you find that you’re spending more time away from each other than together you should take a closer look at your relationship.
  • Intimacy: Physical attraction and intimacy in a relationship is a key component of a successful marriage. Be wary if there is little to no intimacy in the interactions between each of you.
  • Respect: Mutual respect is a foundational element to marriage. If there is a lack of respect between you and your spouse, then you may want to consider having some sort of discussion about the future of your relationship.
  • Destructive Behaviors: If you or your spouse are engaging in destructive behaviors such as excessive drinking or using drugs, it’s important to ask yourself why you are doing so. Often, an unhealthy or unstable relationship can cause people to partake in destructive behaviors or self-sabotage. More importantly, sometimes these destructive behaviors have a negative impact on a marriage and can actually be the reason a couple divorces.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. If you are contemplating getting a divorce, and need a divorce attorney on Long Island to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

Grieving The Death Of A Marriage

Grief is something most people go through at some point in their lives, and there should be an open dialogue about it rather than shame or avoidance. National Grief Awareness Day on August 30 exists for this very purpose. The day is dedicated to raising awareness of the many ways people cope with loss and was founded in 2014 to encourage communication on loss and bereavement. One area of grief that should be recognized, but sometimes people overlook, is the grief that comes with divorce.

When people enter a marriage, they go in with the expectations that it will last for life. People don’t expect divorce, yet sometimes divorce becomes the best option. Even if the decision to divorce becomes clear, the emotional turmoil that follows can be devastating. Divorce is sometimes thought of as the “death of a marriage,” so divorced people often experience the type of grief that is similar to a death in the family. Divorce can be one of the most grieving experiences in a person’s life, and oftentimes it is incredibly difficult, painful, and overwhelming.

It is important to understand the grief that divorce can bring and to deal with your emotions in a healthy way. However, even during the hardest times, try to remember the healing that time can bring. Time will allow those who have been through divorces to grow and be happy again. Many divorced people enjoy better and more joyful lives after divorce. This is an important thing to remember for those in the midst of grieving the death of a marriage. Make sure to deal with your emotions of grief appropriately, not neglecting them, and communicating your loss when necessary; but also try to remember that many divorced people live happy and enjoyable lives.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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 website: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

Managing Divorce During Back-to-School Season

The month of August officially marks back-to-school season.  No matter what grade your child is entering, back-to-school means last-minute supply shopping, the end of summer fun, and possibly concern and anxiety for children. This time can become even tenser when children are dealing with divorced parents making it even more important to do what you can to manage their stress levels.

David Badanes, Esq. of Badanes Law Office on Long Island has shared advice on how divorced parents should be prepared for their child going back to school.

  • Back to School Shopping: If you and your ex-spouse (or soon to be ex-spouse) get along, then perhaps go shopping together for “back to school items.” It will make everything less stressful for your child if they have both parents present and offering opinions on what to get for school.
  • Knowledge: Make sure you know the school’s academic calendar, your child’s schedule, and the contact information for their principal, counselor, and teachers. A point in time may come where you will need to contact them and knowing beforehand on how to do so will make everything more efficient.
  • Emergencies: Make sure both you and your ex-spouse are on the school’s emergency contact list. In case anything happens, one or both of you will be contacted immediately.
  • Attend: The last thing a child needs during this time is an absent parent. Make sure both you and your ex-partner attend parent-teacher night and any other school functions your child is in (school plays, athletic competitions, music).
  • Homework: If your child is with you during a school night, make sure they get their homework done. Falling behind in school is something you should try to prevent at all costs.
  • Consistency: Review home routines and rules with your ex-spouse. It is important to have consistent rules in both houses. It will make things more stressful for your child if the rules are completely different.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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 website: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

 

How Dads Can Get Visitation Time With Their Children on Father’s Day When Going Through Divorce

When you go through a divorce, there are a lot of adjustments that need to be made, including time with your kids for holidays. When it comes to Father’s Day, parenting time for that day should go to the dad but enforcing this time might be difficult. If you are having difficulty getting your visitation time for Father’s Day, there are steps you can take to resolve the issue.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared advice on how to navigate this difficult situation:

  • Document everything. You should keep a log of every time your ex prevents you from seeing your children and/or every time your ex is late returning your children. Make sure the log includes the date and a brief description of what happened. For example, an entry in the log might look like: 6/10/2021- Jane did not bring back our son. I texted her, she said he wasn’t feeling well, but, when I asked to speak to him, she refused to put him on the phone.
  • Have a conversation with your ex. When there is conflict surrounding visitation time, the first step is to discuss it with your ex. Ideally, the situation will be resolved outside of court for the sake of parents and children.
  • If you can’t reach a resolution, see an attorney. If discussions do not lead to change, then you should contact an attorney as soon as possible. If this step is necessary, don’t delay in taking it because time with your child will suffer if you wait. Keep in mind that your lawyer may want to send a letter first before going to court.
  • Continue with child support. If an existing court order is already in place, make sure you keep up with child support payments until a court issues an order changing the arrangement.
  • Do what you can in the meantime. If there are serious issues with not getting parenting time, this could take a while to change in court. And while this step is necessary, it doesn’t mean you stop being a parent in the meantime. Make plans to do fun activities with your kids on Father’s Day and do what you can to speak with them/spend time with them. If your intentional planning still doesn’t change the situation for this Father’s Day, tell your kids your plans for the future. This will let them know you want to spend time with them and are thinking about them.

Divorce can be messy, but the priority of both parents should be for the “mess” to affect the children as little as possible. However, because feelings are involved, a parent may believe they are acting in the child’s best interests even if they are not. This is why a lawyer is necessary in some cases to resolve conflicts between parents going through a divorce. While these negotiations may change what your Father’s Day looks like, remember that this day comes around every year, so there will be more opportunities to spend this special day with your kids the way you want to.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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 or email at david@dbnylaw.com.

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

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

 

 

What You Should and Should Not Do On Dating Apps During Divorce

On June 30th we recognize an innovation that has changed society and the lives of everyone: World Social Media Day. Social media has redefined our lives and habits for better or worse, depending on the way you look at it. At the very least, social media is complicated. So, when you introduce an already complicated thing, social media, to an even more complicated thing, divorce, the consequences can be significant.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared advice on how to navigate social media, specifically dating apps, during a divorce.

Dating App Information is Public: There are dozens of dating apps you could use, but no matter what, your information on the app is public. Anything on your profile could be used against you in your divorce, so think twice before you hit the post button.

Be Careful with Who You Meet: Dating apps are tricky and the person you meet on a dating app may not be completely truthful, so be careful when you meet with them. And be especially careful with introducing people you meet on a dating app to your children.

Don’t Spend a Lot of Money on Dating Apps: If you spend significant sums of money on a dating app and/or on dates, it is difficult for you to claim you have no extra money during divorce negotiations.

Make Sure Dating Isn’t Taking Up Too Much Time: Dating by itself is not something the court would be concerned about, but a court will be concerned if you are spending more time on dating apps or on dating in general than you are with your kids.

When in Doubt, Just Wait: In general, it is best not to date during a divorce for the sake of your kids, mental health and negotiations. This includes using dating apps, so it might be better for you to wait to download the app until after the divorce is finalized.

In many ways social media is helpful and fun, but when it comes to a divorce, social media and dating apps may just complicate things even more. Keep this in mind with the things you post and the apps you download if you are in the process of a divorce.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

 

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

Children’s Sports Participation After Divorce

Divorce is an already complicated process that can get even more complex when the case at hand involves children. There are many elements to discuss when it comes to children that should be included in the official divorce agreement. One important aspect that cannot be overlooked is a discussion about the children’s participation in activities such as sports. Children often deeply care about sports, and since these activities require money, scheduling, and transportation, it is a topic that is necessary to discuss in a divorce agreement.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared what should be discussed in a divorce agreement between parents of a child who participates in sports.

  • Payment: Parents should discuss and decide who will pay for registration fees, who will pay for equipment (shoes, pads, uniforms, etc.) and who will pay for travel expenses. These expenses may recur every month, season and/or year, so a payment plan should be outlined in the agreement.
  • Transportation: When children participate in sports, they commit to attending practice, home games and away games. Divorced parents need to arrange who will transport the child to all these events, especially games that are out-of-town.
  • Participation: Divorced parents should agree upon how many sports the children are allowed to participate in at a given time. Scheduling is an important factor to consider when looking into the time your child has available to put aside for sports.

In addition to ensuring these necessary elements are a part of the divorce agreement, divorced parents should also strive to put the needs of the children first at sports events and put their own personal issues aside. Mr. David Badanes Esq. recommends divorced parents of children in sports heed these specific reminders.

  • Both parents can attend sporting events. Even if the child has parenting time with a specific parent during the time of a sports activity, both parents can still attend the event. A custody schedule does not prohibit parents from seeing their child at sports games.
  • Let the child choose. When it comes to which sports the child participates in, it should always be the child’s choice. The type of sports the child participates in should not be according to what a parent wants. Though a parent may be extremely passionate about a specific sport, children’s interests often change day by day—a child may want to play basketball one day and soccer the next.
  • You are there to cheer on your child. Your child’s sports event is not the place to discuss anything about the divorce or post-divorce issues. While attending the event, refrain from fighting with your ex-spouse. Instead focus your attention to your child playing his/her game.

If your child participates in sports, it is vital the divorce agreement determines all issues involved in the child’s sports participation. This will allow for a smoother transition for not only the parents, but most importantly the children who will inevitably feel the stress of the divorce as well.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. 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.

Please like us on FacebookInstagramTwitter, or LinkedIn to get important legal news, tips and articles.

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.

Please like us on Facebook, Instagram, Twitter, or LinkedIn to get important legal news, tips and articles.