What is a Cohabitation Agreement?

A cohabitation agreement can be used when a couple is not married, but live together, and wants to protect their rights and assets in case of a break-up. It is similar to a prenuptial agreement, yet it does not require that the couple get married.

Although, New York does not recognize “palimony” or common law marriage, it is still important to have a cohabitation agreement, to protect your assets and rights. This is because, if you live together, one person can still claim some “rights” to the real property and to the personal property in the residence.

There are different types of issues that can be covered by a cohabitation agreement, such as, but not limited to:

  • Distribution of property after a break up
  • Responsibilities for debts
  • Who gets to live in the residence after a break up
  • Support and custody rights (if there are children involved)
  • Financial issues

If you are living with your significant other, and need a cohabitation agreement, David Badanes, Esq. and the Badanes Law Office, P.C. can help you and will answer all your questions about the process. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

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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.

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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).

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Credit Card Debt (In A Divorce)

In general terms, all debt that is accrued during the divorce, is equally divided between both spouses. The same is true for credit card debt. So, for example, it may not matter that you never used your spouse’s credit card, the debt on that card will probably be 50% your responsibility. Of course, the same goes for your credit card debt, your spouse will probably have to pay 50% of your credit card debt.

However, it is important to note, that once the divorce action is filed, that any additional credit card debt, that is accrued after the filing of the divorced action will be the full responsibility of the person who created that debt.

Whatever credit card debt that exists will have to be addressed in the divorce. This does not necessarily mean that the debt will be paid off during the divorce or even at the time of the divorce. However, it does mean that your divorce agreement or the Court’s decision must decide who will pay the credit card debt and when it will be paid.

In many divorces, you may have to either cancel a credit card or put a hold on any new charges on the credit card. You or your attorney must likely will need to review your spouse’s credit card statements to make sure that you should be responsible for the charges on that credit card. Finally, if your spouse is required to pay your credit cards, then it is very important that you review each month’s credit card statements to make sure that your spouse is actually paying those credit cards.

When you are getting divorce, it is important to hire an attorney who knows how to deal with credit card debt and all the issues in a divorce. David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce. 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).

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What is the Best Way to Pursue a Divorce if I Want One Right Away?

Divorce in New York can be accomplished quickly, if both spouses agree to ALL of the terms of the divorce. You will both need to agree upon the distribution of any property, custody of children, spousal maintenance, and visitation. If you and your spouse can agree on all of these terms, you or your attorney can immediately file all the divorce papers with the court. This is sometimes referred to as an “uncontested divorce”.

If you can’t agree on all the terms of your divorce, you may be able to get to a agreement by going to mediation. Mediation can save you time and after the process, you can then file the divorce papers with the court.

If you and your spouse all to all of the terms of your divorce, but, need an attorney to draft the divorce papers, then David Badanes and the Badanes Law Office can help you. David Badanes has helped numerous clients in filing their divorce papers and in drafting the divorce papers.
In addition, David Badanes also does mediation and has helped many clients in the mediation process.

If you are seeking an uncontested divorce or want to go to mediation, 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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Does My Divorce Lawyer Need to be Located in the County Where the Court is Located?

Your attorney does not need to be located in the county where the court is located. In New York, an attorney is licensed to practice in all the counties and all the courts. However, it is usually beneficial to choose an attorney who is familiar with and practices in the county where the court is located.

You want an attorney who is familiar with the judges in that county. In addition, some counties have their unique local rules. You want an attorney who is familiar with those rules.

David Badanes and the Badanes Law Office, P.C., have represented countless clients in Suffolk County and Nassau County. If you are seeking a divorce, 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, Suffolk County and Uniondale, Nassau County.

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