Category: New York Divorce

Keeping In Touch With Your Children After Relocation With Child Vacation Rights

by David Badanes | September 21, 2015

movingIf your ex-spouse is allowed to relocate, with your children, out of state (or within New York State, but, more than 100 miles away), then your parenting and visitation rights will be effected.  It is important to know that before your ex-spouse is allowed to relocate, you can petition the Court to prevent the relocation (see article: Relocation (After Divorce) for more information).  This article will assume that the Court has allowed your ex-spouse to relocate.

Since your   will be a great distance away, typical parenting time arrangements will usually not work.  Therefore, it is important to come up with creative solutions so that you can still have a good relationship with your children.

With today’s technologies, you can Skype or Video Chat with your children for little to no cost.  This allows you to keep in touch and see your children.

As for parenting time, here are some ideas:

  • You should request that you have parenting time once a month, for a full weekend.
  • You should request four weeks of parenting time during the summer.
  • You should request that you have parenting time during the children’s extended school vacation weeks (December recess, February recess and Spring recess).
  • You should always request that your ex-spouse pays for all travel expenses to and from your residence.

David Badanes and the Badanes Law Office excel in seeking creative and innovate solutions to difficult problems.  The Badanes Law Office has helped several individuals who have faced relocation issues.  If you live in Suffolk County, Nassau County or New York City and need a divorce lawyer, then Contact David Badanes and the Badanes Law Office at by calling, 631-239-1702,  or email at david@dbnylaw.com The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

 

What is Equitable Distribution?

by David Badanes | July 27, 2015

divideIn New York State, you and your spouse’s assets will be distributed by “equitable distribution.” Equitable Distribution is basically a fancy word for dividing your property in a fair manner. This typically means that marital assets will be divided in a manner that is close to 50% to each party. However, the Court does not have to divide marital assets such that each party receives 50% of the marital assets or even close to 50%.

The first step in dividing assets is to determine all the assets and liabilities of both spouses. This involves a careful inventory. If you fail to identify an asset or liability, then it will be impossible for the Court to determine if it is a marital asset or a separate property asset.

Once an inventory of all property is performed, the next step is to determine if the particular asset is to be classified as either marital property or separate property. If the asset is classified as separate property, then it is your property and the Court will award you that property. The same applies to separate liabilities, if the liability is yours, then you will be liable for it.

In contrast, if the asset or liability is classified as marital property, then the Court needs to determine how it will be divided.

There is a presumption that all property is to be classified as marital property. Accordingly, if you want a property to be classified as your separate property, then you have the burden of proof to show that it is separate property.

Some typical examples of separate property are: (i) inherited property; (ii) gifts before marriage; (iii) gifts from a third-party during the marriage, that are specifically designated as a gift; and (iv) a house that was owned prior to the marriage and kept in your own name.

Once a property is classified as marital property, then the value of the asset must be determined. There are three different valuation dates: (i) at the time of the commencement of the action; (ii) at the time of the divorce; or (iii) sometime in between those two dates. Which date is chosen is complicated and depends on several factors. In general terms, your house will usually be valued at the time of the divorce while pensions and retirement accounts will usually be valued at the time of the commencement of the action.

The final step is to distribute the marital assets and liabilities in an equitable (fair) manner. Again, this does not mean that all the marital assets and liabilities will be divided exactly 50/50.

If you are thinking of getting divorce and need advice on equitable distribution, the Badanes Law Office can help you. Call Long Island divorce lawyer David Badanes and the Badanes Law Office today at 631-239-1702, or email David at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.

If you like our articles, you will find our eBook helpful too:

Download “7 Things You Should Know When Going Through a Divorce in New York” here:

Five Things To Do Before Filing For A Divorce (In New York)

by David Badanes | June 23, 2015

DivorceIf you are considering getting divorced, clearly this is not an easy decision and should be made carefully and with a plan in mind. Here are five things (and one bonus) to do before filing for a divorce in New York State:

1. Obtain copies of your financial statements. You will need copies of your recent tax returns, bank statements, investment statements, insurance statements, deeds, wills etc. You should make at least two copies of these financial statements and have them ready for your attorney.

2. Child custody and child support payments. If you have children, you need to decide what type of custody you want after the divorce and how much time you want with your children. If you want to obtain custody, then you should evaluate the pros and cons of why a court should grant you custody. If you will be paying child support, make sure you factor this into your post-divorce financial situation.

3. Living situation. Obviously, after the divorce, you and your spouse will be living in separate residences. If you will need to obtain a new residence, you should research the market and determine how much it will cost you. If you will be remaining in the residence, you will have one less income and one less person to help with the household chores.

4. Prepare a budget. You should prepare a detail budget, knowing that your spouse will no longer be contributing any income.

5. Keep a log/diary. If you have children, you should start keeping a log/diary of your interactions (and your spouse’s interactions) with the children. A log/diary can be useful evidence to help you obtain custody.

6. Support system. Most divorces will put a strain on you. It is important to have a support system in place before you start the process.

David Badanes and the Badanes Law Office have helped numerous clients in providing commons sense solutions and ideas in their divorce. If you live in Suffolk County, Nassau County or New York City and need a divorce (matrimonial) lawyer, then call David Badanes and the Badanes Law Office at 631-239-1702, or contact us via email. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

If you like our articles, you will find our eBook helpful too:

Download “7 Things You Should Know When Going Through a Divorce in New York” here: