What Happens if I Miss Court?

If you are scheduled to go to Court, you should attend. However, if you can’t attend or just “miss” your court date, then this is what you should do.
If you have an attorney, then the first thing you should do is contact your attorney and tell your attorney that you cannot attend court. Your attorney will advise you on what to do.

  1. If you do not have an attorney, then as soon as possible, you need to contact the court and explain why you could not attend. This should typically be done by a letter to the Judge. In your explanation, you should explain that you are sorry that you missed court. Then you should explain why you did not attend.
  2. If you do not attend Court, then you could face the following penalties: (1) the Judge could issue a warrant for your arrest; (2) the Judge could hold you in contempt; and/or (3) the Judge could order you to pay your adversary’s legal fees to attend court (while you were not there).

You should do everything possible to make sure you attend Court. As stated above, if you miss Court, then you could face serious consequences. Furthermore, your absence will not bode well as to how the Judge handles your case.

David Badanes, Esq. and the Badanes Law Office, P.C. represents clients in their divorce and family court matters. To make an appointment or to learn more then 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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Is It Considered Abandonment If I Leave The Marital Home?

There is a misconception concerning “abandonment” or leaving the marital home. Prior to 2010, New York State required divorcing couples to establish “fault” in order to get divorced. One of the grounds was abandonment. One way to show abandonment was to establish that one spouse left the house for a period of one year or more.

However, since, 2010, New York State is now a “no fault” divorce state. Therefore, divorcing spouses do not have to establish any fault, and can simply file for divorce without any grounds. Accordingly, since 2010, virtually every new divorce is filed using the no fault statute, and very few divorces are filed under the old basis of abandonment.

Although, leaving the marital home will no longer be used as a legal basis for a divorce, it still may have some negative consequences. If there are children involved, leaving the home may hurt your ability to gain custody of the children. It is often better to stay in the marital home, until you can discuss, with your attorney, strategies on how you can leave the home without injuring your ability to gain custody.

Even in situations without children, it may not be a good idea to leave the marital home. If you establish another residence, outside the marital home, and you are paying the expenses (mortgage, rent, etc.) for both the marital home and your other residence, that may work against you when computing spousal maintenance (alimony).

Therefore, although leaving the marital home, will not be considered “abandonment”, at least in the legal sense, you should consult with an attorney prior to leaving the home.

David Badanes, Esq. and the Badanes Law Office, P.C. can help you with your divorce and other family law issues. Please call or contact David Badanes, Esq. 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, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

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