Tag: filing for divorce

Why You Should File for Divorce BEFORE the New Year Starts

by David Badanes | December 18, 2019

In December, for those persons considering to file for a divorce, many times they will wait until January to file. However, there may be a good reason why you should file before the New Year starts.

It is important to know, that you can file in December, and you do not have to serve your spouse in December. You can file in December and then wait until January to serve your spouse with the divorce papers. In this manner, you get the benefit of filing early, yet, you do not have to upset the holiday season.

What are the potential benefits of filing in December and before the New Year:

  1. Debts: For most debts, the amount of marital debt that is considered is determined as of the date of filing. The most common example is credit card debt. Credit card debt is a joint marital debt. So, no matter whose credit card it is, you most likely will owe 50% of the amount of credit card debt that existed as of the date of filing for a divorce. Once, you file for divorce, you most likely will not be responsible for any additional credit card debt that is incurred after the date of filing. Of course, there are many exceptions to this rule, but, you may benefit from filing in December to freeze the amount of credit card debt you are responsible for.
  2. Valuation of Assets: The valuation of assets almost always changes. Whether or not an asset has a higher or lower current value may benefit you. You may want to file early to “lock-in” the valuation of an asset.
  3. Changes in Income: When determining child support or spousal maintenance (alimony), the starting point is last year’s W2 or income. So, if you file in December, you first look at last year’s W2. If your income is less last year than this current year, you may benefit from filing in December.

David Badanes and the Badanes Law Office, P.C., have helped numerous clients in determining whether or not to file in December or in January. If you are contemplating getting a divorce or if you have been served divorce papers, contact David Badanes at 631-239-1702.

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When is the Right Time to File for a Divorce?

by David Badanes | September 11, 2019

Deciding on whether you want to file for a divorce is a very hard decision. It is literally “life-changing”. You have probably seen some of your friends or relatives go through a divorce. You know that in many of those situations, the divorce itself was very difficult. However, you may also know some situations, where the divorcing couple were able to get divorced and able to do it in a civil and amicable manner.

For many people who are considering whether or not to get divorced, it may take them weeks or even months to actually start the process. They may be looking for a “perfect time” or they keep coming up with excuses to put off the divorce.

The following questions may help you decide whether now (or in the future) is the right time to file for a divorce.

  1. Is there domestic violence? If the answer is yes, then you should be seeking a divorce and you probably should file as soon as possible. Even if it is just the “first time” that there was a domestic violence incident. In almost every case, if there is a first time, there will be many more times of domestic violence.
  2. Is your spouse having an affair (or are you having an affair)? If you are having an affair, then clearly, you are unhappy in your marriage and you should file for a divorce. If your spouse is having an affair (and you find out about it), then they are unhappy in the marriage and you are probably not getting the love and attention you deserve.
  3. You are in a “loveless” marriage. Even if you or your spouse are not having an affair, but, you are just living together like roommates, then that may be an indication that your marriage is not working. This may be a time to seek marriage counseling or it may be a signal that your marriage isn’t working.
  4. What about the children? If you have children, then this will be a major factor to consider in getting divorced. If the living situation is very tense because of your marriage difficulties, this will affect your children. Sometimes, staying married for “the sake of the children” is actually worse for the children then getting divorced. The constant fighting or tension can have a very negative effect on the children. Therefore, don’t stay married just because you have children. However, of course, you will need to consider what will happen to the children during the divorce and after the divorce.
  5. Do you think about getting divorce often? If you are thinking about getting divorced, then it probably is a good indication that you should get divorced.

Divorce can be hard and there will never be the perfect time to get divorced. David Badanes has helped countless clients going through their divorce and navigating them through the process. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

You Have Been Served With Divorce Papers, What to Do Now?

by David Badanes | January 18, 2018

If you have been served with divorce papers, here are things you need to do:

  1. Don’t panic. Most likely, you know that your marriage has been failing.  Although, you might be in shock that your spouse actually filed for divorce, there is no reason to panic. If you are going to handle your divorce, then you must stay level-headed. 
  2. Technically, you only have 20 days to respond to the divorce papers. However, if for some reason, you need more time, you most likely can get an extension of that time. Even if you do not respond in 20 days, you most likely can still respond without any major repercussions. However, if you do not respond at all, then you will be facing serious consequences. The bottom line, hire an attorney as soon as possible, but, don’t rush into it.
  3. Find an attorney that specializes in divorces and that you are comfortable with. You will need an attorney to represent you. However, do not rush into hiring any attorney, you should hire an attorney that you are comfortable with. 
  4. You will need to obtain financial documents, for example: tax returns, bank statements, retirement statements, mortgage statements etc. 

If you have been served with divorce papers, you need to hire an attorney that will personally handle your divorce, that you can trust, knows the law, and represent you zealously.

David Badanes, Esq. and the Badanes Law Office, P.C. can help you and will answer all your questions about the divorce process in New York. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

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

Filing For Divorce In January, Five Steps To Take Now

by David Badanes | December 15, 2017

If you are going to file for divorce in January, then there are many steps you can take now, to make the process easier for you.  Here are Five of the most important steps you can take now to prepare for your divorce in January.

  1. Take an inventory of your bank accounts.  Your inventory, should include the name of your banking institution, account numbers, balances, and the names on the accounts.
  2. Take an inventory of your other financial documents.  Start collecting your mortgage statements (or rental agreement), credit card statements, student loan statements and other financial documents.  Make at least two copies of the most recent statements.  You will need to give one copy to your attorney and you should keep a copy in a safe place.
  3. Make copies of your recent tax returns and W-2 statements.  One of the first things you will need to provide to your attorney (and to the Courts) is a copy of your most recent tax return and W-2 statement.  It will probably be easier to get those documents before you file for a divorce, then after, when your spouse may try to hide them from you.
  4. Open up a new bank account.  You should open up a new checking and savings account.  Put as little as possible into these new bank accounts.  Once you file for divorce, you will now be able to put your money into these new bank accounts.  It is also a good idea to open up these new accounts in a different bank then the one you and your spouse currently use.
  5. Get a copy of your credit report.  Nowadays, it is pretty easy to get a copy of your credit report.  You can usually get a copy online within minutes.  Once you obtain a copy, make another copy for your attorney

If you are going to file for a divorce in January, it is important to start planning now.  If you are considering a divorce, then David Badanes and the Badanes Law Office, P.C., can help you.  Contact 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 Uniondale.

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