Tag: divorce process

Should I Start The Divorce Process Now Or Should I Wait?

by David Badanes | December 4, 2017

You want to get divorced, but, you are unsure whether you should start the process now or should you wait.  Getting divorced is difficult and can be a very emotional time.  However, there are very good reasons why you may want to file for a divorce as soon as possible and not wait.

If you wait to file a divorce, each day you wait, gives your spouse the opportunity to:

  1. Take money out of the bank accounts and use that money to bankroll his/her attorney or just spend it on themselves.  Any money taken out of bank account, BEFORE, someone files for a divorce will be difficult to try to get back.
  2. Take out loans or incur debt that you will be 50% responsible for.  Any loans or debt that are incurred prior to the filing for a divorce, you may be 50% responsible for.
  3. Gather evidence against you.  Before a divorce is filed, you may have your guard down.  Your spouse could be filming you or taking audio recordings of you, hoping to use them against you in the divorce.

Therefore, it may be in your best interest to file for a divorce, sooner versus later.

If you are thinking of getting divorced, David Badanes and the Badanes Law Office, P.C. can help you.  David Badanes knows that each divorce is unique and treats it as such.  Contact 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).  In addition, The Badanes Law Office can arrange to meet you in Manhattan, Queens or Brooklyn.

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Why You May Want To File Bankruptcy Before Filing For A Divorce?

by David Badanes | April 17, 2017

One of the reasons that couples file for a divorce is due to financial stress and debt. Similarly, one of the reasons you may file for bankruptcy is to get out of debt.

Filing for a divorce or filing for bankruptcy are decisions that should be taken seriously and both have consequences. However, if you are considering filing for bankruptcy, there are many reasons why you may want to file for bankruptcy before filing for your divorce.

#1. Filing a joint bankruptcy will save you money. While you are married, you and your spouse can file a joint bankruptcy case. This will save you money, because there will only be one court filing fee, one set of documents to produce and one meeting with creditors. It will also typically save you on attorney fees. Although an attorney may charge more to do a joint bankruptcy case versus a single bankruptcy case, an attorney will almost never charge double the fee of a single bankruptcy case for a joint bankruptcy case.

#2. You get double the exemption. In a bankruptcy, there are certain exemptions that allow you keep some property. By filing a joint bankruptcy case you get to double the amount of exemptions, therefore, effectively doubling the amount of property you can keep.

#3. Saves time. Typically, filing for bankruptcy before filing for a divorce will save you time in both the bankruptcy case and in your divorce case. The bankruptcy will help to eliminate the parties’ debt and resolve some of the same issues in the divorce. Furthermore, if you file for a divorce first, and then, in the middle of the divorce, the other spouse files for bankruptcy, that will cause the divorce to have a delay in its proceeding.

#4: Helps in the Divorce. In a divorce, the assets and the debt must be allocated and taken care of.  By first filing for bankruptcy, you will eliminate most, if not all, of your credit card debt, personal loans and other unsecured debt. This will help resolve those issues in the divorce.

#5. A bankruptcy may even prevent the divorce. One of the leading causes of divorce, is financial stress and financial debt. Although, a bankruptcy is difficult, it may reduce the amount of stress on your marriage.

#6. No joint debt.  By filing a joint bankruptcy case, you may be able to eliminate your joint debt.  Conversely, if a divorce is filed before your file for bankruptcy, then you and your spouse will need to split up this joint debt. This can be time consuming and lead to more legal fees in the divorce.

#7. Not filing for joint bankruptcy – you may stuck with most of the debt. The rules for debt in a bankruptcy case and in a divorce case are vastly different. If your spouse files for bankruptcy before the divorce, your spouse may leave you stuck with paying all of your debt.

If you are thinking of getting a divorce or need advice about your divorce, please contact David Badanes and the Badanes Law Office at 631-239-1702 or email at david@dbnylaw.com.The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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

Divorce: Focus On What Is Important And Not On The Little Things

by David Badanes | January 19, 2017

If you are in the middle of a divorce or thinking of getting divorced, it is important to focus on what is important and not on the “little things.” Many clients, due to the emotional impact of the divorce or because of revenge, will focus on the little things and not on what is really important.

For example, most of the time it is not important to focus on how to divide the personal property in the house. Usually, the time and energy spent on how to divide the furniture or other items is not worth the cost to do so. Typically, the only time it pays to fight over the furniture is when the furniture is an “antique” or has a significant value.

As another example, couples will argue over how to divide a $200.00 tax refund check or how to pay for a small household expense. It just doesn’t make economic sense to argue over such a small monetary item.

Some clients will state that it’s the “principle”, I have to get this – without realizing that “principle” may not, and probably is not, “the law.”  Furthermore, the principle you are arguing about will cost you more to fight over than to just try to work it out on your own.

Before arguing over an expense or an item, take a deep breath and think before you act. Think: Is this really worth fighting over?  Am I trying to get something on “principle”?  Does this really make a difference?

Instead of focusing on the little things, it is much better to spend your time and resources on things that do matter, for example: Child Custody, Child Support, Spousal Maintenance (alimony), and What to do with the Marital Home?

David Badanes and the Badanes Law Office have helped numerous clients in helping them to focus on the important aspects of 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, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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

What Is The Process Involved In An Uncontested Divorce? Video

by David Badanes | October 2, 2016

Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals with postnuptial agreements, and with matrimonial law issues.
What is the process involved in an uncontested divorce?

You may be wondering what the process is involved in an uncontested divorce. Typically, in an uncontested divorce, you and your spouse have worked through the issues of child custody, of child support, and division of assets. If you can’t work out those issues before meeting with an attorney, an attorney can give you a list of the issues and the basic questionnaire to work with those issues with your spouse. However, typically, those issues are worked out prior to meeting with an attorney. However, you can’t workout 100% of those issues, the attorney can meet with you to try to help you resolve those issues with your spouse and identify the exact issues that need to be resolved before going to court.

In an uncontested divorce, everything is resolved before you actually go to court and the documents are submitted to the court and the clerk to get you divorced.

What Is The Process Of A Contested Divorce? Video

by David Badanes | September 27, 2016

Straight talk with David Badanes, Esq., an experienced divorce attorney who has been assisting individuals with postnuptial agreements, and with matrimonial law issues.

What is the process of a contested divorce?

If you are involved in a contested divorce, there are many stages involved in a contested divorce. The first thing that will happen will be a preliminary conference. You and your spouse are required to go to court and the attorneys, and you may meet with the judge to give the basic information to the judge about your particular case – how many children, what your income is, whether you own a house, what your general assets are. It’s not a full-blown hearing. It’s a meeting with the judge to get the basic information about your divorce. That’s what a preliminary conference is.

After the preliminary conference, typically the next stage is what’s called discovery. This is where you and your spouse will exchange information with the respective attorneys or all the documents involved in your financial information, income taxes, bank information, pension information, insurance information, and all the financial documents that will be needed for the divorce.

After the discovery is completed. There may be what’s called a deposition or what some people call EBT. Deposition is where you sit down, and the attorney gets to ask you with questions about your financials. Again, how much income you make, how much schooling you’ve had, how many child support you’ve been paying. The other attorney gets to ask you questions, and your attorney gets to ask your spouse with questions as well.

After deposition, there will be preparation for a trial. And that again goes through the financial information and prepares you for trial. And then eventually, there will be a trial scheduled and at the day of the trial typically the judge will ask if there’s been a settlement or can the parties go and try to settle the case. The judges always like to have settlements even on the day of trial. If you cannot settle the case then, of course, there will be a trial and that could by anywhere from one day, 3 days or 3 weeks depending on how complicated your divorce is.