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.

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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.

 

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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.

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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.

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Earth Day: Can Your Divorce Be Good for The Environment

The divorce process is most notably recognized as one that takes a severe emotional and financial toll on the individuals involved. However, most people involved in the process are not aware that divorce can also take a toll on the environment. With Earth Day around the corner, it’s a great idea to reflect on all the ways you can make a difference positively in your life during an otherwise stressful experience.

For the most part, married couples and their families use less energy, heat, and air conditioning than couples who are divorced. This is because two separate households use more of these utilities than one household. However, there are plenty of practices that divorcées can take to make their households eco-friendlier and in turn a safer place for the environment.

Here are a few tactics you can implement throughout your separation process to give back to the environment this Earth Day.

  • Downsizing: If you are relocating, this might be the perfect time to downsize and get rid of what you truly don’t need. After going through your possessions, you can either sell them or donate them rather than just throwing them out. It has the added bonus of either generating a few extra dollars from selling your items, or perhaps a charitable donation on your tax return. It can also be therapeutic to get rid of some of your old possessions and trade them in for something new.
  • Replacing: Once you have relocated, there are many ways to replace your old items with new eco-friendly counterparts. Some of these replacements include the use of LED light bulbs instead of regular ones; Updating your HVAC system to a more environmentally conscious A/C or programmable thermostat; Using recycled and eco-friendly products; And lastly purchasing a car with better gas mileage.
  • Moving Materials: Plan ahead for your moving day by exploring companies that are eco-friendly. There are plenty that promise to use low-emission trucks, LED cargo areas and recycled materials. Additionally, instead of buying new boxes for the process you can re-use old ones you have or borrow some from a friend. Lastly, once you begin moving items in on the day of, you can use environmentally friendly cleaning solutions, such as white vinegar, essential oils, lemon, and baking soda to clean your items.

David Badanes, Esq. and The Badanes Law Office, P.C. believe that recycling and other eco-friendly measures are important for clients to consider. 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 web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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Who Gets The House In A Divorce?

You and your spouse are getting divorced and you own a house.  Who gets to own the house after the divorce?

Neither spouse has “better” rights to the house.  However, there are a few factors that may decide who gets to live in the house, before it is owned by either party.

Children:  If you have children and one spouse is granted custody of the children, then it is possible that spouse may also be allowed to live in the house for a few years (usually until the children graduate high school).  This is a complicated situation and if this is your situation, you should seek more information from your attorney.

Was the House Bought Before Marriage:  If the house was bought before marriage and the house is considered that spouse’s “separate property”, then that spouse will almost always be given the right to retain ownership of the house.

By Agreement:  In most situations, the divorcing couple reach an agreement on who will get to own the house after the divorce.

All other situations:  If you don’t fit into any of the above categories, then the Court will have to decide who gets the house after the divorce.  In virtually all of those situations, the Court will state that the house has to be sold to a third-party and neither spouse gets to keep the house.

For many divorcing spouses, their house is their greatest asset.  If you are getting a divorced and have questions about your house and the divorce, then call David Badanes, Esq. and the Badanes Law Office, P.C.  David Badanes and the Badanes Law Office, P.C. have helped countless divorcing couples.

If you need a divorce attorney to represent you, then 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 and in Nassau County.

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Divorce and Your Credit Score

As you probably already know, there are financial agencies who have developed a “credit score” (or credit rating) based on your financial history. Many people who are going through a divorce experience financial stress, which could have a negative effect on your credit score.

A good credit score can help keep your interest rates down and will also help you in obtaining new credit.  Insurance companies and some employers will also check your credit rating. Therefore, while going through a divorce it is important to keep paying your bills and to maintain your credit score rating.

It is important to note that if you have a credit card that is used by both you and your spouse, the credit card company wants the credit card balance to be paid, they “don’t care” that you are getting divorced. This is why it is important to: (i) suspend the use of the card (put it on hold: (ii) cancel the card; (iii) remove your spouse as an authorized user; or (iv) have your spouse remove your name as an authorized user.

After the divorce, many women decide to change their name.  If you decide to change your name, then change it before you start applying for new credit cards, loans or any other type of credit. You also want to notify your existing creditors that you will be changing your name.

If you are considering a divorce, then you need to hire an experienced divorce attorney. David Badanes and the Badanes Law Office, P.C. have helped numerous individuals in all areas of matrimonial and family law.

If you need an attorney to represent you, then 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 and in Nassau County. .

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Season Tickets and Divorce: Who Gets The Tickets in A Divorce?

If you own season tickets to the Mets, Yankees or other sports team, then what happens to those season tickets if you are getting divorced?

In most situations, season tickets would be considered “marital property.”  As with all marital property, the default rule would be that season tickets would belong to both parties.

In most situations, the parties are able to work out a settlement on who pays for the tickets and who gets to use the season tickets.  As with any settlement agreement, the details should be put in writing.

If the parties cannot work out a settlement, then the Court may take testimony on which party should get the tickets.  In general terms, here are the options available to the Court in determining who gets to use the season tickets:

50/50 Split:  This is the choice that most Courts would choose.  Each spouse would get an equal amount of games and would get every other game. Another way to divide the tickets would be on an every other season basis, however, that is rarely used.

Sell the Tickets:  In rare situations, the Court may force the parties to sell the tickets.  Any revenue would be equally divided between the parties.

David Badanes and the Badanes Law Office have solved and helped divorcing couples with many different needs, including season tickets.  If you need an attorney to represent you in your divorce, call David Badanes, Esq. and the Badanes Law Office, P.C. today at 631-239-1702 or email me at david@dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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The Top Five Ways to Avoid A Long Drawn Out Divorce

You want a divorce or you have just been served with divorce papers.  Either way, you don’t want a long drawn-out divorce process.  Here are the top five ways to avoid such a fate:

  1. Provide your attorney with all the requested documentation. Most divorces will require each party to provide their financial documentation.  This will include: bank statements, credit card statements, tax returns, deeds, mortgage information.  The sooner you provide those documents, the sooner your divorce should be able to be completed.
  2. Respond to your attorney’s emails and other requests. During the divorce process, your divorce attorney is bound to have questions and other requests for you to respond to.  By responding quickly, you help your attorney in quickly resolving the issue.
  3. Focus on the important issues. Too often, clients get caught up in fighting about every issue, even ones that really are not that important.  It is important to identify which issues are important and concentrate on fighting those.
  4. Decide what issues can be settled early on. Related to the above, if there are issues that can be settled, then you may be able to resolve them early in the divorce process and then litigate the rest.  By reducing the number of issues, this will reduce the time your divorce is in the court system.
  5. Be available to attend all court conferences. There may be several court conferences.  If you are requested to attend a court conference, it is better to make yourself available for all court conferences.  Every time that you request an adjournment or a continuance of a court conference will add more delays to your divorce.

David Badanes, Esq. and The Badanes Law Office, P.C. have represented and helped numerous clients in their divorce and in helping them get their divorce over as soon as possible. If you are thinking of getting divorced, 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 Garden City, Nassau County.

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How Divorce Affects Your Children’s College Education

One of many issues that need to be resolved in a divorce with children, is the issue of college.  Here is what you need to know about how college expenses in a divorce.

Who gets to pick the college the child attends? 

It is very rare for a divorce agreement to specify exactly which college the child will attend.  However, there are agreements that will state that the child has to at least apply to College X and in other agreements that the child has to apply to at least one State University of New York college or university.  In virtually all cases, the child will get to choose which college he/she wants to attend.  If one of the parents disputes that choice, then they will have a heavy burden to show why that particular college is not right for the child.

Who pays for college?

Your divorce agreement should contain the terms and conditions on how much each parent will need to pay for college.  If your divorce agreement is silent on this issue, then one parent may be able to go back to Court to have the other parent pay part or perhaps even all of the college expenses.

If, the Court has to decide who pays for college, then there are a few factors the Court will consider in making that decision.  In simple terms, if you or your spouse attended college, then most likely, the Court will make the parents pay for the child’s college education.  Also, if the child has other attributes that makes the child a good candidate for college, then the Court will also most likely make the parents pay for the child’s college education.

How much do I have to pay for college?

In addition to deciding who has to pay for college, your divorce agreement should specify how much each parent will have to pay for college. Typically, there will be an upper limit to how much each parent has to pay.  In most agreements, the parties will agree that the most they have to pay is what it would cost for the child to attend a SUNY school.

If there was no agreement, then the Court will decide how much each parent has to pay.  In that instance, it is likely that Court will make each parent pay their pro-rata share of the child’s college expenses.

What about college tours?

These days, it is common for parents and their children to go on several tours of different colleges.  Whether or not you go on a college tour with your child, will be something you should be able to work out with your child.

If you are getting divorce, there are several issues you will need to address.  David Badanes and the Badanes Law Office has the experience to guide you through these issues. Contact David Badanes and the Badanes Law Office at 631-239-1702 or email at david@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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