Tag: long island divorce

What Happens To Your Inheritance When You Divorce?

by Generations Beyond | April 27, 2020

You may receive an inheritance before you are married, after your marriage, but before your divorce is started, or while in the middle of your divorce. This blog will explain what happens to your inheritance in all of those situations. I’ll assume that the inheritance was cash and not jewelry, artwork or some other physical personal property. However, the basic rules apply to cash and to personal property.

Inheritance before you are married: Any inheritance you receive before marriage is 100% yours. However, it only remains 100% yours as long as you keep the money in a separate bank account. If you deposit the inherited money into a joint bank account, then it is likely that the money will be considered a joint asset, and one that has to be divided 50/50.

Inheritance after you are married (but before the divorce is started): Provided the inheritance you receive after marriage is clearly designated to go to you, then that inheritance is 100% yours. However, similar to money received before you are married, the money only remains 100% yours as long as you keep the money in a separate bank account. If you deposit the inherited money into a joint bank account, then it is likely that the money will be considered a joint asset, and one that has to be divided 50/50.

Inheritance after the divorce is started: Provided the inheritance you receive after marriage is clearly designated to go to you, then that inheritance is 100% yours. Now that the divorce has started, there should be no reason that you deposit the money into a joint bank account. Yet, if you did, once again, any money deposited into a joint bank account would almost definitely be considered a joint asset, and one that has to be divided 50/50.

Therefore, if you receive an inheritance, before you file for your divorce, or even in the middle of a divorce, you can easily protect the amount that you receive. You need to directly deposit the inheritance into your own separate bank account. You should also document the amount of the inheritance, by photocopying the inheritance check and keeping that in a safe place. You should also keep a copy of the bank statement, showing the amount of the inheritance.

By taking these simple steps, your inheritance will be considered your “separate property” and therefore is not part of the marital assets.

If you have a question about your divorce, or how you can protect your inheritance, then contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes has represented countless clients in their divorces and can help you.

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.

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What You Need to Know About Child Custody (in New York)

by David Badanes | April 20, 2020

By David P. Badanes, Esq.
If you are getting divorced and have children, issues involving the children are usually the most difficult ones. As with most things in a divorce, either you and your divorcing spouse can enter into an agreement about child custody or the Court will issue a child custody order. When discussing child custody, it is important to distinguish the concept of decision-making and the concept of time with the child. Although, the two concepts are related, just because one parent has more time with the child does not necessarily mean that parent has decision-making authority. This article will focus on decision-making.

Most Judges will tell you that they prefer if the parents can come to an agreement about child custody. Most attorneys will agree with that assessment. A child custody agreement will almost always be more detailed than a Court’s Order. Having a more detailed agreement, will help to prevent future disagreements. Of course, there are situations where the parties just will not be able to agree and a Court’s Order will be necessary.

What does a Child Custody Order or Agreement decide? All custody orders should decide who gets to make the following Three Major Decisions: (i) Medical Decisions; (ii) Educational Decisions (including what school the child attends); and (iii) Religious Decisions. In addition, the following other areas should also be in any child custody order or agreement: (i) Extra-Curricular Activities; and (ii) Where the Children live.

When it comes to making the major decisions for a child, there is

  1. Sole Legal Custody: A parent who has sole legal custody will get to make all the major decisions for the child. Furthermore, in most instances, that parent will also get to make the decisions about what extra-curricular activities the child engages in.
  2. Joint Legal Custody: In theory, joint legal custody means that both parent have equal decision making power for the children. However, in practice this might not be true. Oftentimes, when there is a difference in opinion on a major decision, one parent may have the right to have “final decision making”. In other instances, one parent may have the right to make decisions on one area (for example, medical decisions), and the other parent may have to right to make decisions in a different area (for example, educational decisions).

Although, typically the parent who has sole legal custody will have more time with the children, that is not always the case. Similarly, just because the parties have joint legal custody does not mean that each parent will have 50% of the time with the children. Indeed, in most cases, one parent will still have the majority of the time with the children, but, they still may have joint legal custody and the right to share decision making.

If the Court is forced or makes the custody order, then it will almost always award one parent sole legal custody. The Court decides custody by determining what is in the “best interests of the child.” In order to do that, here are some of the main factors that the Court will consider:

  • Willingness to foster a relationship with the other parent
  • Child’s preference
  • Who has been the primary caregiver
  • Availability of the parent
  • Quality of Care
  • Abuse or neglect
  • Domestic Violence
  • Alcohol or Drug abuse

As already stated, whether or not there is sole legal custody or joint legal custody, does not necessarily direct which parent has most of the time with the children. There are many different ways that the children can spend time with each parent. That will be the subject of a separate blog.

If you have questions about child custody, you are seeking custody or you are seeking a divorce, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. have represented numerous parents in their custody actions and in their divorce. If you live in Suffolk County or Nassau County, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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Five Reasons Why You Should Not Wait To Start Your Divorce

by David Badanes | April 13, 2020

The decision to get a divorce is never an easy one. As many Judges tell me: “No one gets Married thinking they will get Divorced.” Although, you may know that your marriage is “over”, yet, you may be reluctant to start your divorce. Here are five reasons why you should not wait to start your divorce:

  1. Alimony/Maintenance: If there is going to be alimony (now called spousal maintenance), then the longer you are married, the longer you may have to pay alimony.
  2. Marital Assets: Until you start your divorce, every asset and money you earn is typically going to be considered marital property. The sooner you start your divorce, the sooner that you cut-off your spouse getting half of your assets.
  3. Debts: The flip side of marital assets is marital debt. In general terms, any debt that is accumulated before the commencement of the divorce is considered marital debt and you could be required to pay half of that debt. So, if your spouse is accumulating marital debt, then the sooner you start your divorce, the sooner you can stop being held responsible for that debt.
  4. Children: If you have children, staying “unhappily married” or in a “toxic home” will have negative effects on your children. As difficult as a divorce may be for the children, living in a household where the parents are always fighting or the tensions are high are usually worse for the children.
  5. Domestic Violence: If there is domestic violence, clearly you should not wait to start the divorce process.

If you are considering getting divorced, then you need an experienced attorney who can guide you through the process. David Badanes and the Badanes Law Office, P.C. have the experience to get you through the divorce process. They have represented hundreds of clients. Check out our reviews on Google. David Badanes can be contacted 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.

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More Millennials Are Getting Prenups – Here’s Why

by David Badanes | April 6, 2020

More and more millennials are getting prenuptial agreements. Unlike the past, millennials do not view a prenuptial agreement as a taboo or as a negative. So what is a prenuptial agreement?

A prenuptial agreement, commonly referred to as a prenup, is a legal document that dictates how a married couple will divide their assets and also how their debts are handled in case of a divorce.

There are many reasons why millennials are entering into prenuptial agreements. One reason that I have heard is that instead of New York State decide how your assets and debts would be handled in a divorce, you can make those decisions. In other words, you have control instead of New York State.

Another reason is that millennials are getting married later in life then generations before them. Millennials (and anyone else who is older) tend to have more assets. They want to make sure that those assets are protected in case of a divorce.

A few other reasons:

  • Female Millennials tend to have more financial information and assets than females in the past.
  • Student Loans: Unfortunately, millennials also tend to have student loans. With a prenuptial, you can make sure that only the person who has the student loan will be responsible to pay it back.
  • Growing up with Divorced Parents; Many millennials grew up with divorced parents. They recognize that not all marriages last forever.

David Badanes, Esq. and the Badanes Law Office have helped many millennials in creating a prenuptial agreement that works for them. If you are about to get married and have assets you would like to protect, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 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.

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My Ex Spouse and I Have a Verbal Agreement to Modify Our Divorce: Is that Binding?

by David Badanes | March 30, 2020

After your divorce, especially if you and your spouse have children, there may be many times when you and your ex-spouse want to modify or change what your divorce agreement states. Most likely you will just “verbally agree” (or do it via text messaging or email). Is your verbal agreement binding? Is your text message or email binding?

Generally, a verbal agreement is not binding. Similarly, a text message or email is not binding — even if it is signed.

In New York State, in order or a modification of your divorce agreement to be binding, it has to be in writing, have a proper acknowledgment and also be notarized. Simply, having a written agreement that is signed is not sufficient. Even if the document is signed and it has a notary public stamp that is also not sufficient. The agreement must be signed, notarized and have what is called a “proper acknowledgment.”

A proper acknowledgement states that in an addition to a notary recognizing your signature on the document, the notary must also state that the party signing the document orally acknowledged to the notary public that he/she signed the document and that the notary indicate that they ascertained that the signer was the person described in the document.

Therefore, even if you and your ex-spouse come to a verbal agreement and you then want to challenge that verbal agreement you probably can do so. However, the Court can consider your verbal agreement as evidence and still may uphold the verbal agreement.

There will be many times that in practice, you and your ex-spouse should feel comfortable in entering a verbal agreement. Clearly, having to enter a written agreement every time you want a small change to your agreement could be unwieldy and prohibitive. You and your ex-spouse should have at least enough trust that a verbal agreement should suffice.

Of course, if the modification or change to your divorce agreement is a big change, then it probably would make sense to enter into a written agreement and also to hire an attorney to make sure that the written agreement is property drafted.

David Badanes, Esq. and the Badanes Law Office have drafted many modifications and amendments to divorce agreements and have also given advice on what divorced couples need to do to modify their divorce agreements.

If you want to change your divorce agreement or you are considering getting divorced, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 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.

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How Are Divorces Being Affected by the Coronavirus?

by Generations Beyond | March 26, 2020

The Coronavirus is affecting all aspects of our “normal” life. The Court system is no exception. The Courts have decided that only “emergency” applications and filings will be allowed.

So far, in Suffolk County, they are not accepting new divorce actions. In Nassau County, you can commence a new divorce action by e-filing. If you have a pending divorce, most likely any court appearances have been adjourned to a date in May or even to a later month. If there are any pending motions, they will be extended.

If there are any temporary orders of custody or support, they are continued. If there is a temporary order of protection that is scheduled to end, then the end date has been indefinitely extended until the Coronavirus emergency is over.

In summary, your divorce action is basically “on hold”. However, it is important to note that each Judge may be handling your case differently. Therefore, you should always check with your attorney to confirm what exactly has happened to your divorce case.

David Badanes, Esq. and the Badanes Law Office, P.C. is keeping apprised of the new developments as it pertains to the Coronavirus. David Badanes have helped countless clients going through their divorce and navigating them through the process.

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After a Divorce Can I Still Collect as a Beneficiary?

by David Badanes | March 23, 2020

It is fairly common that during a marriage, you will name your spouse as a beneficiary to your life insurance policy, mutual funds, retirement accounts, trust and other similar assets. When you get divorced, your divorce agreement should explicitly state that you revoke that designation — with one very large exception. If there are children involved, the divorce agreement can state that the children are the beneficiary and that your ex-spouse is just a trustee or guardian of the assets.

However, even if the divorce agreement does not explicitly revoke your ex-spouse as a beneficiary, New York State law provides that a divorce automatically revokes such designations. There is an exception to the law, namely if the insurance policy, retirement account or trust expressly states that a divorce does not revoke a beneficiary designation, then in that case, it would not be expressly revoked.

If you have questions about your divorce or you are seeking to get a divorce, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. If you live in Suffolk County or Nassau County, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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How the Coronavirus Will Impact New York Divorces

by Generations Beyond | March 16, 2020

The Coronavirus — that nasty little virus that is causing people to get sick (and unfortunately death), people undergoing self-quarantined, everyone washing their hands, a run on Purell and other disinfectants, and the general upheaval of our daily lives — will also affect your divorce or may even cause more divorces.

As this is being written, New York Courts have issued guidelines to extend timelines, postpone proceedings (whenever possible) and to consider the use of video and telephones in conferences. The goal is to minimize courthouse appearances, maximize adjournments and also to promote the use of remote appearance via video or telephones. Attorneys and their parties may be excused from physically appearing in Court.

However, as of now, adjournment requests for hearings and trials will be determined by each Judge and on a case-by-case basis.

Therefore, it is likely that if you have an existing divorce case, that it will be delayed. If you are thinking of filing for a divorce, you can still do so, but, again, your court dates may be delayed.

Clearly, the Coronavirus and its full impact are still not known and this is a fluid situation. This blog will be updated as more information becomes available.

David Badanes, Esq. and the Badanes Law Office, P.C., keeps track of recent news and makes sure that its clients are well informed on how recent events can effect their divorce.

If you are thinking of getting divorced, please contact David Badanes and the Badanes Law Office, P.C. 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.

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Common Lies Told During a Divorce

by David Badanes | October 24, 2019

Here are some common lies that you may hear during your divorce.

LIE: You can’t make me move out of the house

In New York, as part of the divorce process, the Court will determine who can stay and who has to move out of the house (or apartment). This may happen at the end of the divorce or at some point during the divorce. If there is domestic violence, then you may be able to get a Court order immediately removing your spouse from the house. Even, if there is no domestic violence, as part of the divorce, the Judge can order the sale of the house or that one spouse “buys-out” the other spouse’s interest in the house. At some point, the Judge will order that one spouse has to leave the house. So, yes, a spouse can be made to “move out of the house.”

LIE: I will ignore (or not accept) the divorce papers, so you can’t get divorced

Although your spouse can ignore (or not accept) the divorce papers, you can still get divorced. Your attorney (or you) can petition the Court that your spouse is ignoring the divorce papers (that is your spouse is not responding to the Summons or other divorce documents). In New York, if your spouse ignores the Summons or divorce papers, then the Court can conduct what is called an “inquest.” At the inquest, the Court can grant you a divorce.

LIE: I will not pay you any child support

Technically, this could be true. However, if you are awarded child support, there are many ways you can try to get payment from your spouse. Most of the time, there are ways to find money and payment from your spouse. Yet, if your spouse does not have an “on the books” job and has hidden all of his/her assets, then they may be able to not pay you any child support. This is typically very rare. If your spouse does not pay child support, then the Court can hold the person in contempt and your spouse can be imprisoned for failing to pay child support. Many times, right before facing imprisonment, your spouse will come up with the amount of child support that is owed to you. If the spouse still refuses to pay child support, then they can go to prison. So, technically, your spouse does not have to pay child support, but, they will face serious consequences.

LIE: You have no money, so you can’t afford an attorney

In New York, the spouse who earns all the money can be ordered to pay most, or even all, of your attorney’s fees. If you are a stay-at-home-parent and have no income, your attorney can immediately petition the Court to have your spouse (who does have income) to pay your attorney’s fees. Therefore, the fact that you have no money does not automatically mean that you can’t hire or afford an attorney.

LIE: If you divorce me, you will never see the children

It is extremely rare that a Court will determine that a parent has no rights to see the children. In certain situations, a Court may order “supervised visitation”, which means that the parent must be properly supervised when the parent sees the children. Even if a parent is in prison, a court can order you to bring the children to visit the imprisoned parent.

As for the parent “kidnapping” the children, despite what you see on the news, this is also extremely rare. For the few times that a parent does attempt to kidnap the children, they are caught virtually every time.

If you are not sure what to believe when you are going through a divorce and need an attorney, contact David Badanes and the Badanes Law Office, P.C.

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Top Five Divorce Tips For Men

by David Badanes | October 21, 2019

The following are the top five divorce tips for men. Remember, this is general advice, as each divorce is different.

#1: Don’t move out of the house.

Before moving out of the house, you should consult with an attorney. Generally, it is much better for you to keep the status quo and remain living in the same house as your spouse. Even, if you sleep in the basement, on the couch or in a different room, it is usually better to remain in the house then to move out. Of course, if there is a Court order forcing you to move out, then you must abide by the Court order.

#2: Don’t lie about your finances.

As part of the divorce, you will most likely complete what is called the Statement of Net Worth. The Statement of Net Worth is similar to completing a budget, but, you include information about assets and debts as well as your monthly expenses. If you “lie” on the Statement of Net Worth or on any other part of your finances, then you will face serious consequences.

#3: Focus on the big issues.

During a divorce, sometimes it can be easy to get caught up in a minor issue or event. Your time and efforts are better spent focusing on the major issues of your divorce.

#4: Listen to your attorney.

If your attorney tells you something, then listen to their advice. Disregarding your attorney’s advice will almost always put you at a disadvantage or in making a bad decision.

#5: Be careful when consulting with your friends or family (even if they are an attorney).

Your friends and family mean well. They may tell you that in their divorce they got something and you should get the same thing. Divorce laws are always changing and even if there is not a formal change in the law, the Judge’s attitudes and decisions are also changing. Even if your friend/family member is an attorney, unless they are a matrimonial attorney, they may not know the nuances of divorce law. Before following your friend’s or family’s advice, ask your attorney if that is good advice.

David Badanes and the Badanes Law Office, P.C., give commons sense and everyday advice to help you through your divorce. If you are thinking of filing for a divorce or you are going through a divorce, contact David Badanes and the Badanes Law Office, P.C.

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