How Does Gambling Debts Affect My Divorce

Many divorces are caused by one spouse’s alcoholism or gambling addiction. The Courts recognize that alcoholism and gambling addictions are diseases. However, in many of those divorces, the spouse’s addiction has caused the parties to suffer severe debts or financial strain. This article will focus on how a spouse’s gambling addiction can affect your divorce.

When considering gambling, if your spouse’s gambling was only done infrequently or only resulted in small amount of losses, then the court may not consider that in its decision. Generally, a court will only consider a spouse’s gambling when it resulted in large spending and/or large losses.

It is important to note, that the general rule is that marital assets are typically divided evenly and that marital debts are divided 50% to each party. Yet, if one spouse was gambling the party’s funds, the court may consider that in dividing the party’s debts or their assets. If the court believes that one spouse wasted marital assets or marital funds with their gambling addiction, then the court may grant you a larger share of the marital assets or decide that you have to pay a lesser share of the marital debt.

However, the court may also consider that you encouraged or condoned your spouse’s gambling habit. You may have gone with your spouse to the casino etc. In those situations, the court may not sympathize with your situation and decide that you only get 50% or the assets and/or still have to pay 50% of the debts.

If your spouse was engaged in gambling, then you will have to demonstrate to the court the extent of your spouse’s gambling habit and also that you did not approve of the gambling. You can show that your spouse took large withdrawals at a casino or that they charged large amounts on a credit card at a casino. If your spouse’s gambling habit was at a different venue, you can show the spending at that venue. In addition, to show that you didn’t approve of the gambling, you can produce emails or text messages.

If you are considering getting divorced, and your spouse’s gambling addiction is one of the causes of the divorce, then you need an attorney who can protect you. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

What to Do if Your Ex Doesn’t Have Life Insurance

In most divorce agreements, your ex-spouse may have to maintain a certain amount of life insurance. The purpose of life insurance is to provide money for child support or spousal maintenance (alimony) in case the ex-spouse dies. However, what should you do if your ex-spouse doesn’t maintain his/her life insurance policy?

First, you have to make sure that your ex is required to maintain life insurance as part of the divorce. In order for you to obligate your ex-spouse to maintain life insurance, the divorce agreement and/or the Judgment of Divorce must explicitly state: (1) that your ex-spouse has to maintain life insurance; (2) the amount of the life insurance benefit; (3) who the beneficiaries of the life insurance are: and (4) the remedy if your ex-spouse does not maintain life insurance.

Second, once it is clear that your ex-spouse has to maintain life insurance, you most likely will need to notify your ex-spouse that they are in violation (breach) of the divorce agreement and that they are to obtain a life insurance plan. Your notification letter should be very specific as to what your ex-spouse has to do. You may want to hire an attorney to write the notification letter.

Third, if, after sending your notification letter, your ex-spouse still fails to obtain life insurance, then, you may need to file a Motion with the Court, so that the Court can force your ex-spouse to obtain life insurance. The Court will determine if your ex-spouse is in violation of the divorce agreement and can force your ex-spouse to obtain life insurance or declare your ex-spouse in contempt of the divorce agreement (which may have more serious consequences, including incarceration).

David Badanes, Esq. and the Badanes Law Office, P.C. has helped numerous individuals with their divorces and in making sure that the ex-spouse is required to maintain a life insurance policy. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

When is the Right Time to File for a Divorce?

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.

Immunizations and Divorce

New York State recently passed a new law, whereby children must be vaccinated against measles and other diseases to attend public or private school. The only exception, that would allow a child not be vaccinated and to attend public/private school, is if there is a valid medical exemption. Before the new law was passed, New York State recognized religious exemptions to the mandate that children must be vaccinated.

The change in the law will also affect child custody issues in a divorce (and in non-divorces where child custody is an issue). There are already examples where one parent wants to have their children vaccinated and the other parent does not want to vaccinate. Courts will now have to consider the issue of immunizations as it relates to child custody. Furthermore, lawyers will need to consider how immunizations are to be handled in their divorce agreements.

WHAT DOES THE NEW LAW SAY NOW?

As stated above, as of June 13, 2019, there is no longer a religious exemption to the requirement that children be vaccinated against many diseases in order to attend either: (1) public, private or parochial school (for students in pre-kindergarten through 12th grade) or (2) child daycare settings.

Although, the new law is being challenged, in the past, the United States Supreme Court has stated that a State can mandate that children are vaccinated in order to attend public school. To date, New York Courts have also agreed with the United States Supreme Court. In addition, New York Public Health Law § 2164 obligates parents to have their children vaccinated against diseases, and New York Education Law § 914 obligates schools to enforce and comply with the aforementioned statute.

Accordingly, as of now, it is constitutional for New York State to require that you vaccinate your child in order for that child to attend public/private school.

HOW WILL THIS EFFECT CUSTODY?

A Court or a Judge cannot force a parent to vaccinate their child. However, by granting custody to a parent that either want to vaccinate the child or to a parent that does not want to vaccinate the child, the Court is essentially deciding if the child will be vaccinated.

As always, a Court/Judge will decide custody on the basis of the “best interests of a child” test. One of those factors may be if a parent wants to vaccinate their child. Many judges would probably agree that vaccinating a child is safer for both the child and the general welfare of the community. However, that would be just one factor in the Court’s decision.
Clearly, the decision to vaccinate your child is a personal one. As it relates to a divorce or child custody, parents may have legitimate differences on whether or not to vaccinate a child. With the new New York State law, when considering child custody issues, Courts and Judges may find themselves having to consider this issue.

If you are u are considering getting a divorce or have a child custody issue, then contact David Badanes, Esq. and the Badanes Law Office, P.C.

Contact David Badanes and the Badanes Law Office, P.C. today at 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.

By David P. Badanes, Esq. and Hayley Hayden

Back to School Tips for Separated or Divorced Parents

Going back to school can be a stressful time for a child, especially when their parents are newly divorced. However, with proper communication and cooperation, the parents can make the transition to school much easier for the child.

  1. Make your child your top priority: Your child’s wellbeing should be your top priority. Any issues you have with your ex-spouse should not affect your child’s educational experience.
  2. Attend school events with your ex-spouse: Whether it be parent-teacher conferences or various school functions, it is important that you both attend school events and conferences. Your child will benefit from having both parents attend their school events.
  3. Work with your ex-spouse as much as possible: Although there may be tensions between you and your ex-spouse, it is important to keep these differences outside of the school setting.
  4. Review home routines and rules with your ex-spouse: Routines are crucial to your child’s success at school. The smoother the transition between the child’s homes, the easier it will be for your child to maintain focus on their school work. Be sure to communicate and standardize bedtimes, mealtimes, playtime, and screen time.
  5. Communication is key: Be sure to communicate any schedule changes, or relay important information given by the school, after school advisors, or coaches to your ex-spouse. It is especially important to do so when the child’s school activities conflict with the other parent’s time with the child.
  6. Back to school shopping expenses: Typically, back to school expenses are the responsibility of the custodial parent. However, offering to help with these expenses may help ease tensions between you and your ex-spouse.
  7. If you are going through a divorce and need an attorney, contact David Badanes at 631-239-1702 or david@dbnylaw.com. Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

    By: David P. Badanes, Esq. and Hayley Hayden

Google Maps and Your Divorce

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.

What You Can Do if Your Ex-Spouse Take Your Child Out of The Country (Without Your Consent?)

Although, it rarely happens, there are instances where an ex-spouse will improperly and without your permission, take your child out of the country. Here is what you can do.

In order to leave the United States, each United States citizen will need a passport. For children under 18 years of age, there are special laws about obtaining a passport. If the child is under the age of 16 years of age, then both parents must agree to obtain the passport. For children who are 16 years and older (and under 18 years of age), then only one parent is needed to obtain the passport.

Once a child has a passport, then either parent who has access to that passport, will be able to use it to take the child out of the United States.

If you believe that your ex-spouse is going to take your child out of the United States, but, the child is still in the United States, then you need to protect your rights to prevent this from happening. You need to immediately get an Order from the Court preventing your ex-spouse from taking the child out of the United States, and also to obtain the child’s passport. The Court’s order should be very clear that the child’s passport should be returned to you and that the child cannot be removed from the country without your written consent.

If the child has already been taken out of the country, then you still need to go to Court to get your child back into the United States. In that case, the Court will look at the following factors to determine if the child should be returned to the United States:

  1. Habitual Residence: The Court will look to see what was the child’s “Habitual Residence”. The Court will look to see: the child’s actual residence, length of time spent at that residence, and whether the child is engaged in school or other activities that would suggest this residence was the child’s permanent residence at the time of removal.
  2. Was the Removal a Breach of Your Custody Rights: Was the removal of the child a breach of your custody rights. Essentially, the court will review the custody agreement and any prior court orders.
  3. Did you give implicit approval to the child being removed. The Court will determine if you gave implicit approval of the child being removed. This could be by some acts that you did or by not actually objecting to the removal.

If your child has been removed from the country, or you suspect that the other parent may attempt to remove the child, you need to contact David Badanes and the Badanes Law Office, P.C. to know your rights.

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Divorce And Start Of School Year

Perhaps you just got divorced, or you have been divorced for a few years, but, your children are about to start school for the first time or enter a new school for the first time. Here are some tips to help you and your children with the transition.

  • Contact the School and the Principal: Before the school year starts, it is a good idea to contact the principal and tell them that your child will be new to the school. You should also make it clear that the child has two parents, but, that you are divorced.
  • Take a Tour of the School. Almost every school will allow you and your child to take a tour of the school. This will help your child get to know the school.
  • Ask if there are any other new students. Ask the school if there are any other new students to the school. Perhaps you can start a new support group of new students and new parents.
  • Look at the school’s website. Every school district and school should have a website. It is a good idea to look at the website and get familiar with what the school has posted.
  • Put everything in writing. You or your attorney should write to the principal and the Superintendent of the School to inform them of your rights and what you expect.

In your divorce, it is very important to make sure that your child’s school knows your situation. It is also important that you help your child with the transition to his/her new school.

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

Protecting Your Finances and Identity in a Divorce

You already know that you need to protect yourself from identity theft. This advice is doubly important when you are getting divorced, as unfortunately, too many times a revengeful or unscrupulous spouse will take advantage of you and either commit identity theft or financial fraud on your accounts.

All too often, when one spouse learns that you are thinking of filing for a divorce, they will go a spending spree, sticking you with a large debt. Even after a divorce is filed, your spouse may improperly use your credit cards or open up new loans in your names.

It is very important to protect yourself from your soon-to-be ex-spouse. Here is what you should do (and you should also consult with your attorney):

  • Get Identity Protection. There are many companies that offer identity protection. For a small fee, they will implement identity protection to help prevent your spouse from taking out credit cards in your name or opening up loans in your name.
  • Obtain your free credit report. You should be able to obtain a free credit report from one (or more) of the three credit reporting companies.
  • Freeze your Credit Cards and Credit Reports. After you get your free credit report, you can then put a freeze on your credit reports and/or your credit cards. By placing a freeze on your credit report, this should prevent your spouse from obtaining new loans or new credit cards that would require a credit report to be run.
  • Notify your existing credit card companies. With your credit report, you can notify your credit card companies and other creditors, by writing to them, that you will not be liable for any debts after the date of your letter. You don’t need to cancel your credit cards, you can simply freeze them or put them in inactive status.
  • Alert your creditors of any fraudulent activity. If you see any fraudulent or suspicious activity on your credit report or on any future credit card statements, you must immediately notify and alert your creditors.
  • Keep track of your credit cards. Before and during your divorce, it is important to keep track of your credit card statements.

If you are thinking of getting divorced, or you are in the middle of a divorce, it is very important to make sure that your spouse does not commit fraud or improperly use your credit cards.

If you need excellent legal representation for your divorce, call David Badanes and the Badanes Law Office, P.C. . David Badanes has represented and helped countless clients in their divorce and making sure that they are not the victim of identity theft. Cal 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 Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).

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Your Power Of Attorney And Your Divorce

Prior to any marital difficulties, you may have signed a Power of Attorney and named your spouse as your agent in your Power of Attorney. In almost all situations, if you are getting divorced, you will want to revoke the Power of Attorney.

To revoke your Power of Attorney, you simply just have to enter into a new Power of Attorney and name a new person as your agent.

It is important to note that if you do not revoke your Power of Attorney, then your spouse is still your agent – even if you are going through a divorce.

When you are getting divorce, it is important to hire an attorney who knows about both divorces and Power(s) of Attorney. David Badanes and the Badanes Law Office, P.C. have the knowledge to help you. 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 (Uniondale, across from the Nassau Coliseum).

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